August 5, 2016 •
News You Can Use Digest – August 5, 2016
National: Left Turns to Ballot Measures to Enact Political Change The Hill – Reid Wilson | Published: 8/2/2016 Liberals are turning to ballot measures to pursue other progressive goals that would be impossible to advance in Republican-controlled state Legislatures. Even in […]
National:
Left Turns to Ballot Measures to Enact Political Change
The Hill – Reid Wilson | Published: 8/2/2016
Liberals are turning to ballot measures to pursue other progressive goals that would be impossible to advance in Republican-controlled state Legislatures. Even in states where Democrats have political power, such as in California, activists have turned to ballot measures to speed their agenda. The rush of liberal ballot issues is something of a reversal from the last several decades, when conservatives used the initiative process to pass limits on taxes, implement term limits for state legislators, roll back regulations, and push contentious social issues.
The States Where Third-Party Candidates Perform Best
The Atlantic – Russell Berman and Andrew McGill | Published: 8/2/2016
It seems that voters might be more likely to support third-party candidates when they feel their vote would not actually impact the election. Researchers collected state vote totals for every presidential election since 1980, comparing how the closeness of a state’s vote correlated to the relative popularity of outside candidates. The correlation between support for the long shots and a state’s ideological one-sidedness was stronger in elections after 2000, when many Democrats blamed Floridians who voted for Ralph Nader for throwing the presidency from Al Gore to George W. Bush. This correlation disappears when the third-party candidate is a recognizable or compelling figure.
Women Are Finally Breaking into the Top Tier of Political Donors
Washington Post – Matea Gold | Published: 8/2/2016
Slowly, more female donors are breaking into the top echelon of political donors, a domain traditionally dominated by male millionaires and billionaires. The biggest female donors of 2016 gave nearly $63 million to super PACs through the end of June. That puts them on track to surpass major female contributors in the 2012 elections. The boost reflects what donors and fundraisers in both parties say they see happening behind the scenes: while still outstripped by men, more wealthy women are seizing on the opportunities to finance super PACs and other big-money groups that opened up in the wake of the U.S. Supreme Court’s Citizen United decision. Their stepped-up participation is driven by an improved economic status and an increasing recognition that they need to play in the political arena to have an effect.
Federal:
Court: Super PACs can be named after candidates
Politico – Josh Gerstein | Published: 8/2/2016
A federal appeals court effectively loosened the already lax regulations governing the relationship between campaigns and outside groups. A panel of judges of the District of Columbia Court of Appeals ruled the FEC had violated the First Amendment in restricting super PACs from naming themselves, or their fundraising initiatives, after the candidates they support. “The title is a critical way for committees to attract support and spread their message because it tells users that the website or Facebook page is about the candidate,” wrote Judge Thomas Griffith. The court said the FEC could address its concerns by forcing Super PACs to publish “a large disclaimer at the top of [its] websites and social media pages.”
GOP Reaches ‘New Level of Panic’ over Trump’s Candidacy
Washington Post – Philip Rucker, Dan Balz, and Matea Gold | Published: 8/3/2016
Donald Trump is facing a whirlwind of criticism from Republican leaders as he fends off reports of a staff shake up, an intervention, and even rumblings he could be urged to step aside as the party’s nominee. Trump allies publicly urged the candidate to reboot, furious that he has allowed his confrontation with the Muslim parents of slain soldier Humayun Khan to continue for nearly a week. They also are angry with Trump because of his refusal to endorse two of the GOP’s top elected officials, House Speaker Paul Ryan and Sen. John McCain, ahead of their coming primary elections. Former Speaker Newt Gingrich, one of Trump’s most loyal defenders, warned that his friend was in danger of throwing away the election and helping to make Clinton president.
Lobbyists Woo Potential Freshmen Long Before Election Day
Roll Call – Kate Ackley | Published: 8/2/2016
Lobbyists do not wait until after Election Day to begin courting next year’s freshman class in Congress. Influencers are already reaching out to prospective senators and House members, hosting fundraisers and meet-and-greets at which they can provide connections and help swell candidates’ campaign coffers. The relationships do not guarantee access once the lawmaker takes office. But they have provided outlets for lobbyists to offer advice on potential staff hires or help newly settled lawmakers and aides find their way around Washington, D.C.
From the States and Municipalities:
California – S.F. Ballot Measure Takes Aim at Lobbyists’ Fundraising
San Francisco Public Press – Noah Arroyo | Published: 8/1/2016
The San Francisco Ethics Commission has voted to put a measure on the November ballot that supporters say would restrict certain lobbyist behaviors that create – or appear to engender – a quid-pro-quo relationship between them, their clients, and the elected or appointed officials they seek to influence. If voters pass the measure this fall, beginning in 2018, lobbyists represent private interests would have to notify City Hall ahead of time when they planned to lobby specific agencies. And during elections, lobbyists could no longer give personal donations to candidates running for office in those agencies, or deliver bundle contributions on behalf of their clients or anyone else. The proposition would also ban all lobbyists from giving gifts to city and county officials or their family members.
Connecticut – Budget Director: Governor can cut watchdog agencies’ funding
Washington Times – Susan Haigh (Associated Press) | Published: 8/3/2016
Office of Policy and Management Secretary Ben Barnes contends Connecticut Gov. Dannell Malloy has the legal authority to withhold funding from the state’s watchdog agencies, despite 2004 legislation prohibiting governors from reducing the annual budgets of the State Elections Enforcement Commission, the Office of State Ethics, and the Freedom of Information Commission. Carol Carson, executive director of the Office of State Ethics, said the leaders of the three groups plan to seek an advisory opinion from state Attorney General George Jepsen on whether Malloy has the ability to make the reductions. “You can only cut so much and then you start to say, ‘We can’t do our mission,'” Carson said. “Further cuts will really damage our ability to do our basic core functions.”
Florida – Petition Drive Could Change How Miami-Dade Political Campaigns Are Financed
Miami Herald – David Smiley | Published: 8/2/2016
Activists submitted more than 125,000 signed petitions to potentially force a vote in November on a referendum that would limit contributions to candidates for county commission, mayor, and school board to $250 per person or corporation. Major county vendors and their lobbyists and principals would be barred from donating to candidates. And a system that affords candidates matching public contributions for donations of up to $100 by county residents would potentially enable candidates to multiply those donations six-fold. If enough signatures are verified, county commissioners will have to decide in the coming weeks whether to adopt proposed campaign finance legislation themselves or put the issue before voters.
Kansas – Kansas Republicans Reject Gov. Sam Brownback’s Conservatives in Primary
New York Times – Mitch Smith | Published: 8/3/2016
Moderate Republican candidates ousted at least 11 conservative state lawmakers allied with Kansas Gov. Sam Brownback in primary elections across the state. The results were widely seen as a repudiation of a second-term governor whose popularity has plummeted amid sustained budget gaps and ensuing sharp cuts in state spending. And they likely mean the staunchly conservative state Legislature will move back toward the center in 2017. In addition, Republicans in one congressional district voted out U.S. Rep. Tim Huelskamp, a farmer who had become a tea party favorite in Washington but had annoyed party stalwarts.
Massachusetts – Mass. Insiders Turn to Lobbying Careers
Boston Globe – Mark Arsenault and Andrew Ryan | Published: 7/31/2016
Many times, consultants who help candidates win elections in Massachusetts then go on to represent corporate clients with interests before the new officeholder – even, in some cases, as they continue to advise the officials they helped elect. The relationships can be hard to scrutinize at the state level, where whole swaths of government are exempt from the public records law. Whether consultants are selling their access to officials or not, “there is almost always an appearance of conflict of interest in these situations,” said Pam Wilmot, executive director of Common Cause Massachusetts.
North Carolina – 4th U.S. Circuit Judges Overturn North Carolina’s Voter ID Law
Charlotte Observer – Anne Blythe (Raleigh News & Observer) | Published: 7/29/2016
A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit struck down North Carolina’s voter identification law. The panel agreed with allegations that the state’s law selectively chose voter-ID requirements, reduced the number of early-voting days, and changed registration procedures in ways meant to harm blacks, who overwhelmingly vote for the Democratic Party. The ruling tossed out the state’s requirement that voters present photo identification at the polls and restored voters’ ability to register on Election Day, to register before reaching the 18-year-old voting age, and to cast early ballots, provisions the law had fully or partly eliminated. The court also held that the ballots of people who had mistakenly voted at the wrong polling stations should be deemed valid.
Ohio – Ethics Commission Tells Columbus Leaders to Pay Up for Buckeye Junket
Columbus Dispatch – Lucas Sullivan | Published: 8/1/2016
The Ohio Ethics Commission ordered four current and former members of the Columbus City Council to pay the market value for a trip they took to an Ohio State football game. The council members took the trip with lobbyist John Raphael. Mayor Andrew Ginther, Councilperson Shannon Hardin, Franklin County Municipal Court Judge Eileey Paley, and former council member Michele Mills were told to pay nearly $700 for the trip, not just the $250 they each spent to attend the Big Ten Championship game in 2014. Raphael was sentenced to 15 months in prison in a separate case after he pleaded guilty to extorting money from Columbus’ red-light-camera vendor for campaign contributions to city officials.
Virginia – Lobbyists Spend Less on High-End Eats, Lawmakers Spend More
Albany Times Union – Alan Suderman (Associated Press) | Published: 8/2/2016
Revelations that former Gov. Robert McDonnell and his family accepted more than $175,000 worth of gifts and loans from a businessperson led Virginia lawmakers to put limits on the largess they could legally receive in 2014. Lobbyists remain big spenders, shelling out more than $543,000 on their efforts to convince state officials to favor their clients in the six months that ended April 30, which includes the entertaining that traditionally accompanies General Assembly sessions. But lobbyists seem to be taking legislators out to somewhat cheaper restaurants, while lawmakers are more frequently covering the cost of eating out with their campaign accounts. The reforms requiring more disclosure of gifts say lobbyists must identify officials attending their events if the average cost exceeds $50.
Wisconsin – Judge Strikes Down Wisconsin Voter ID, Early Voting Laws
Milwaukee Journal Sentinel – Patrick Marley and Jason Stein | Published: 7/30/2016
A federal judge threw out as unconstitutional a host of Wisconsin election laws passed in recent years, saying they unfairly benefited Republicans who had enacted them and made it more difficult for Democrats to vote. U.S. District Court Judge James Peterson’s ruling keeps in place the state’s voter identification law, unlike recent rulings in North Carolina and Texas, but he ordered broad changes. The sweeping ruling will not affect Wisconsin’s August 9 primary, but will take effect for the November presidential election unless overturned on appeal.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 29, 2016 •
News You Can Use Digest – July 29, 2016
Federal: A Worry if Clinton Wins: An idle ex-president in the White House New York Times – Patrick Healy | Published: 7/26/2016 It is not clear how Bill Clinton would function as America’s first gentleman. Advisers to Hillary Clinton said she […]
Federal:
A Worry if Clinton Wins: An idle ex-president in the White House
New York Times – Patrick Healy | Published: 7/26/2016
It is not clear how Bill Clinton would function as America’s first gentleman. Advisers to Hillary Clinton said she has not yet decided if she will offer her husband a formal role if elected but noted he will cease working for the Clinton Foundation, would not be a regular at Cabinet meetings, and will do what is asked of him. Beyond that, however, details are scant. The steps that Clinton aides are planning to shape his new life do little to address a potentially thornier problem: historically, when Bill Clinton does not have a job to do, he gets into trouble.
Democrats Discreetly Turn Attention to Presidential Prospects of the Future
New York Times – Michael Shear | Published: 7/26/2016
On the main stage at the Wells Fargo Center and along the sidelines of the Democratic National Convention, more than a dozen senators, mayors, governors, cabinet members, and state lawmakers are carefully peeking past this year’s presidential election to 2020 or 2024 as they work ballrooms full of delegates, donors, and activists who would be critical to the pursuit of a national campaign. Compared with Republicans, Democrats have seen fewer of their young members rise to top positions in Washington, D.C., which can be a springboard to the White House.
DNC Turmoil Confirms Warnings: Hackers are targeting campaigns
Politico – Eric Geller | Published: 7/24/2016
The downfall of Democratic National Committee Chairperson Debbie Wasserman Schultz marks a groundbreaking moment that cybersecurity experts have long seen coming: hackers are making a significant impact on a major U.S. political campaign. Cybersecurity experts have warned for years that campaigns and political parties are woefully weak in securing their data, despite the wealth of sensitive information they carry in their computer networks and email accounts. It is an ideal scenario for all kinds of cyber wrongdoers – foreign adversaries trying to swing elections, intelligence agencies seeking information on future officials, hacktivist groups looking to grab attention, and black market hackers trying to make a quick buck.
Donald Trump Calls on Russia to Find Hillary Clinton’s Missing Emails
New York Times – Ashley Parker and David Sanger | Published: 7/27/2016
Donald Trump dared a foreign government to commit espionage on the U.S. to hurt his rival, smashing yet another taboo in American political discourse and behavior. “Russia, if you’re listening, I hope you’ll be able to find the 30,000 emails that are missing,” Trump said, referring to deleted emails from the private account Hillary Clinton used as secretary of State. “I think you’ll probably be rewarded mightily by our press.” The comments immediately drew widespread attention because they lend the impression that Trump is actively encouraging another country to commit a cybercrime against the U.S. to directly affect the presidential election. If the emails are hacked and Trump wins, it also could make him appear beholden to foreign interests.
For Special Interests, the Real Party Is Outside the Convention
Center for Public Integrity – Carrie Levine and Dave Levinthal | Published: 7/22/2016
A Rick Springfield concert at the Republican National Convention was billed as “a tribute to the House Republican Whip Team” and was to benefit charity, even though there was no admission fee. During the convention, dozens of organizations sponsored such events, all with an interest in gaining access to lawmakers and power brokers. The gatherings are almost all crafted to fit into exemptions in gift and ethics rules that allow members of Congress to come to “widely attended events” or charitable fundraisers. “These exemptions very quickly become major loopholes to allow lobbyists and others to put on events for officeholders and allow officeholders to go to them for free,” said Lawrence Noble, general counsel for the Campaign Legal Center.
In Hacked D.N.C. Emails, a Glimpse of How Big Money Works
New York Times – Nicholas Confessore and Steve Eder | Published: 7/25/2016
The leaked documents from the Democratic National Committee included thousands of emails exchanged by party officials and fundraisers, revealing in rarely seen detail the elaborate, ingratiating, and often bluntly transactional exchanges necessary to collect hundreds of millions of dollars from the party’s wealthy donors. The emails capture a world where seating charts are arranged with dollar totals in mind, where a White House celebration of gay pride is a thinly disguised occasion for rewarding wealthy donors, and where physical proximity to the president is the most precious of currencies.
IRS Gives Opposite Rulings to Convention Committees
Bloomberg BNA – Kenneth Doyle | Published: 7/25/2016
When Cleveland’s host committee for the Republican National Convention applied for charitable tax-exempt status nearly two years ago, approval by the IRS came in just 12 days. Philadelphia’s host committee for the Democratic National Convention was not so lucky. While neither the committee nor the IRS will discuss details, it is clear that approval of the Philadelphia committee’s request for the same charitable tax-exempt status did not come quickly and ultimately was denied. The Philadelphia host committee reportedly is trying to work around fundraising problems caused by IRS disapproval of its exempt status. The full impact of the IRS ruling is not yet clear, partly because the host committee is asking a state court to keep information about its donors under wraps until a federal disclosure report must be filed with the FEC two months after the convention ends.
Lobbyists Celebrate Democratic Party’s New Embrace at Convention
Time – Jay Newton-Small | Published: 7/26/2016
Heather Podesta wore a scarlet letter “L” to the last two Democratic National Conventions, a not so subtle protest over Barack Obama’s ban on lobbyists like her donating money to his cause. Podesta’s scarlet letter is gone this week because Hillary Clinton and the Democratic National Committee have lifted the ban. Podesta is just one of a legion of lobbyists coming out of the proverbial closet this convention, free to raise money, support candidates, and be proud of it for the first time in nearly a decade. Campaign finance reformers have watched the change happen with dismay.
Report: FEC leaders, managers share blame for horrid morale
Center for Public Integrity – Dave Levinthal | Published: 7/26/2016
The office of the FEC’s inspector general for months has conducted employee surveys and interviews in hopes of answering a nagging question: why, specifically, is agency morale so consistently poor? Investigators place the most blame on the six commissioners: three Democratic appointees and three Republican appointees who have regularly criticized one another and frequently deadlocked on high-profile political issues before them. The report came about in response to separate study that ranked FEC staff morale second to last among 41 small federal agencies studied.
From the States and Municipalities:
Alaska – Oil Lobbyist Treated Legislator to Meal after Oil Tax Vote
Alaska Dispatch News – Nathaniel Herz | Published: 7/25/2016
Alaska Rep. Mike Hawker accepted a $78 dinner from an oil company lobbyist the same day Hawker went to Juneau for his first vote in two months, casting the deciding vote on an oil tax bill criticized as being too industry friendly. The meal was purchased by ConocoPhillips lobbyist Michael Hurley on June 6, the same day House Bill 247 was approved 21-to-19. Hawker’s presence was essential because the Alaska Constitution requires 21 votes for passage of a bill. Hawker is suffering from terminal cancer and had not attended a floor session since early April.
California – California Treasurer Cracks Down on Pay to Play
The Bond Buyer – Kyle Glazier | Published: 7/27/2016
California Treasurer John Chiang announced that municipal finance firms seeking state business will be required to certify they will make no contributions to local bond election campaigns. State officials are concerned with “pay-to-play” tactics in which bond counsel, underwriters, and financial advisors are offering to fund or provide campaign services in exchange for contracts to issue the bonds once they are approved by voters. The new policy applies to firms and their employees, and includes both cash and-in kind contributions made either directly or through third parties. Firms that fail to make the pledge will be removed from the state’s official list of acceptable vendors and barred from participating in state-issued bonds.
California – California Wants People to Prove They Are Not Lobbyists
KPCC – Alison Noon (Associated Press) | Published: 7/21/2016
The California Fair Political Practices Commission approved a regulatory change aimed at encouraging so-called shadow lobbyists to disclose their efforts to influence legislation. Lobbyists are required to register with the state if the amount they make for communicating with government officials reaches $2,000 in any given month. The rule change permits investigators to demand evidence about lobbyists’ compensation and financial gain related to contact with government officials. It suggests that suspected unregistered lobbyists testify or provide bills, receipts, or other records to establish their compensation was not used to get access to lawmakers or dine and entertain them.
Texas – City Wins Lawsuit Despite Appearance of Loss
Austin Monitor – Jo Clifton | Published: 7/22/2016
A federal judge ruled a blackout period banning candidates in Austin from fundraising outside of the six months before Election Day is unconstitutional. U.S. District Court Judge Lee Yeakel also overturned the dissolution requirements governing candidates’ left-over campaign money. The decision upheld the $350 individual cap on donations as well as the aggregate limit on contributions from persons who live outside the city.
Virginia – As Pick for No. 2, Tim Kaine Sees Gifts Come Under Scrutiny
New York Times – Eric Lipton and Steve Eder | Published: 7/24/2016
With U.S. Sen. Tim Kaine’s selection as Hillary Clinton’s vice-presidential running mate, the gifts he received in the four years he served as Virginia’s chief executive and his time as lieutenant governor before that are certain to be cited by his Republican critics as a sign that Kaine is not as squeaky clean as he portrays himself. An examination by The New York Times of archival email traffics from Kaine’s tenure as governor shows he received gifts, in some cases, around the same time he and his staff were considering official government requests from these donors.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 22, 2016 •
News You Can Use Digest – July 22, 2016
National: Accused of Sexual Harassment, Roger Ailes Is Negotiating Exit from Fox New York Times – John Koblin and Jim Rutenberg | Published: 7/19/2016 The Murdoch family is moving to oust Roger Ailes, the chairperson of Fox News Channel, after multiple […]
National:
Accused of Sexual Harassment, Roger Ailes Is Negotiating Exit from Fox
New York Times – John Koblin and Jim Rutenberg | Published: 7/19/2016
The Murdoch family is moving to oust Roger Ailes, the chairperson of Fox News Channel, after multiple women have accused him of sexual harassment. Ailes and Fox News’s parent company are in the advanced stages of discussions that would lead to his departure, said Susan Estrich, one of Ailes’s lawyers. His exit would be a humbling and startlingly sudden fall from power for a man who started Fox News from scratch 20 years ago and built it into a top-rated cable news network. Along the way, Ailes, a former Republican operative, established Fox News as the leading media platform for conservative politics.
Federal:
Behind Melania Trump’s Cribbed Lines, an Ex-Ballerina Who Loved Writing
New York Times – Jason Horowitz | Published: 7/20/2016
Meredith McIver, a speechwriter for Donald Trump’s private company, took the blame for apparent plagiarism in Melania Trump’s speech at the Republican National Convention. McIver, the co-author of several books with Donald Trump, said as she and Ms. Trump were preparing her speech, Ms. Trump mentioned she admired Michelle Obama and read to McIver parts of the first lady’s 2008 speech at the Democratic convention. McIver said she had inadvertently left portions of the Obama speech in the final draft.
Donald Trump May Break the Mold, but He Fits a Pattern, Too
New York Times – Alexander Burns | Published: 7/21/2016
Donald Trump’s candidacy has upended the Republican Party, baffling and then vanquishing opponents who dismissed him as a celebrity sideshow. Even now, many prefer to treat his success as a freak occurrence without precedent in U.S. history. But if Trump will be the first figure of his kind to claim a presidential nomination, his candidacy falls within an American tradition of insurgent politics that has found expression in other moments of social and economic rupture, often attaching itself to folk heroes from the world of big business or the military.
G.O.P.’s Moneyed Class Finds Its Place in New Trump World
New York Times – Nicholas Confessore | Published: 7/21/2016
Donald Trump has attacked lobbyists, disparaged big campaign donors, and railed against the party’s establishment. But at the Republican National Convention, beyond the glare of television cameras, the power of the permanent political class seemed virtually undisturbed. In Cleveland, even some of those who had worked against Trump’s candidacy now saw opportunity. In dozens of private receptions, they inspected their party’s new Trump faction with curiosity and hope. There were spheres of influence to carve out, money to raise and money to be made, whether or not Trump ended up in the White House. There were new friends to make and old relationships to nurture.
The Man Behind Citizens United Gears Up for Hillary Clinton Attacks
USA Today – Fredreka Schouten | Published: 7/20/2016
Political operative David Bossie, as much as any single person, is responsible for the nearly unrestricted flow of money pouring into the 2016 presidential campaign. He runs the conservative advocacy group Citizens United, and his attempt to distribute his anti-Hillary Clinton movie gave rise to the U.S. Supreme Court’s 2010 blockbuster decision, which allowed corporations and unions to spend unlimited amounts to influence elections. Bossie is the new leader of the Defeat Crooked Hillary PAC, which plans to merge cutting-edge technology and old-fashioned opposition research in a push to sink the Democrats’ presumptive presidential nominee. At the same time, Bossie is moving closer to the inner circle of the Republican Party.
Why We Don’t Know Who’s Funding the Republican Convention
Time – Haley Sweetland Edwards and Chris Wilson | Published: 7/17/2016
The Republican National Convention in Cleveland is the first time in four decades that a major political party’s nominating convention is underwritten nearly exclusively with private cash. The near total dependence on private money is the direct result of a series of recent federal rule changes. The new rules, which passed with little fanfare in 2014, allow individual donors to give ten times more to national parties they could in 2012. They also fail to close a loophole allowing corporations, lobbying firms, super PACs, and special interest groups, which are formally prohibited from giving to the parties’ conventions, to give unlimited amounts through special, nonprofit committees, which are not bound by normal disclosure rules. As a result, the public will not find out who the major corporate funders are to either the Republican or Democratic conventions until sometime in the fall.
From the States and Municipalities:
Colorado – Denver Campaign Finance Reform Proposal Pulled from Ballot
Denver Post – Claire Cleveland | Published: 7/18/2016
A proposed ballot initiative in Denver that would reign in big campaign contributions and set up a public financing system for city elections has been withdrawn by its backers. The measure was challenged by David Kenney, a political consultant and lobbyist. The challenge alleges the initiative is so wide-ranging that it violates a single-subject rule for ordinances and says the ballot title approved by the Denver Elections Division inadequately summarizes the measure and includes words intended to sway voters.
Kentucky – Corporations Can Now Make Political Donations in Kentucky
WFPL – Ryland Barton | Published: 7/18/2016
The Kentucky Registry of Election Finance agreed to the final judgment in a lawsuit challenging the unequal treatment of unions and corporations under the state’s campaign finance law. A judge struck down the law that allowed only unions, not corporations, to give money directly to state and local political candidates, and to also support candidates through union-funded PACs. Now, both corporations and unions will be allowed to donate to PACs, and neither will be allowed to make direct contributions to candidates. The new law will affect state and local candidates, not candidates for federal office.
Missouri – Who Made the Biggest Political Donation in Missouri History? Ask After the Election
St. Louis Post-Dispatch – Kevin McDermott | Published: 7/19/2016
The super PAC SEALs for Truth gave the largest political contribution to an individual candidate in Missouri history when it donated $1.975 million to gubernatorial candidate Eric Greitens, who is a former Navy SEAL. The group received the $1.975 million between July 1 and July 18, when it gave the cash to Greitens. But it does not have to publicly reveal where that money originally came from until later in the year, well after the state’s August 2 primaries are over. Missouri election officials have said they have no way to restrict money donated from federal PACs to state candidates, as long as it is disclosed publicly.
New Jersey – David Samson, Ally of Christie, Admits to Bribery Over Airline Route
New York Times – Patrick McGeehan | Published: 7/14/2016
David Samson, the embattled former chairperson of the Port Authority of New York and New Jersey, pleaded guilty to using his clout to coerce one of the nation’s largest airlines to accommodate his desire for a regularly scheduled, non-stop flight to his South Carolina summer home. Samson, a well-connected lawyer and one-time New Jersey attorney general, pleaded guilty to one charge of bribery for accepting a benefit of more than $5,000 from United Airlines. At the same time, United – which was not criminally charged – agreed to pay a fine of $2.25 million and pledged to reform to its compliance program.
Ohio – In Cleveland’s Public Square, Rights Are Exercised. Loudly.
New York Times – Dan Barry | Published: 7/19/2016
While the Republican National Convention was being held at Quicken Loans Arena in Cleveland, there was a parallel national conversation in a 10-acre downtown commons called Public Square, where people have colorfully debated one another since before Ohio was a state. The congregation in the square included protesters and counter-protesters, young capitalists and socialists, delegates away from home and locals without a home, a man with a pet iguana and a man with a semiautomatic rifle. “The Hyde Park of Cleveland,” said John Grabowski, a history professor at Case Western Reserve University and a Cleveland native. “[People] would come to vent. But they would also come to celebrate.”
Pennsylvania – Kathleen Kane’s Staff Gives Job Interview to Son of Key Prosecution Witness Against Her
Allentown Morning Call – Steve Esack | Published: 7/20/2016
Just three weeks before Pennsylvania Attorney General Kathleen Kane’s criminal trial is scheduled to begin, her top aides interviewed the son of a key witness against her for a job in her office, raising questions about a conflict-of-interest and inappropriate influence. Matthew Peifer was interviewed for a position in the Child Predator Unit, which is headed by Kane’s twin, Ellen Granahan. He is the son of David Peifer, a onetime Kane confidant and a top agent in the attorney general’s office who last year agreed to cooperate with prosecutors in exchange for immunity. Kane is facing charges for allegedly leaking secret grand jury information to the media and lying when asked about it under oath.
Rhode Island – Ethics Commission Adopts Moratorium on Complaints for 90 Days before General Election
Rhode Island Public Radio – Ian Donnis | Published: 7/19/2016
The Rhode Island Ethics Commission voted to adopt a moratorium on outside ethics complaints in the 90 days before a general election. The moratorium is intended to discourage politically motivated complaints, although the panel reserves the right to launch its own investigations, said commission attorney Jason Gramitt. Voters will decide this November if they want to restore the Ethics Commission’s conflict-of-interest oversight over the General Assembly.
Tennessee – The Culture That Allowed Durham to Thrive
The Tennessean – Dave Boucher and Joel Ebert | Published: 7/17/2016
Tennessee House Speaker Beth Harwell says nothing could have stopped state Rep. Jeremy Durham, who used his nearly five years in elected office to methodically harass or sexually take advantage of at least 22 women. “I don’t think anything could have avoided what happened; he violated our current policy and I think he would violate any policy,” Harwell said. Many lawmakers, staffers, and lobbyists knew about his predatory misbehavior for years but did not speak up to stop him, according to the findings of an attorney general’s investigation. The culture at the Capitol emphasizes deals between lawmakers, lobbyists, and staff over alcohol, late nights, and loyalty to a fault. It is also a culture where many female lobbyists, legislative staffers, and lawmakers expect to have to fend off sexual advances by some men at the statehouse.
Utah – Prosecutors Seek to Drop All Charges Against Ex-A.G. Shurtleff; Swallow Prosecution Proceeding
Salt Lake Tribune – Jennifer Dobner | Published: 7/18/2016
Prosecutors moved to drop “pay-to-play” charges against former Utah Attorney General Mark Shurtleff, a surprise retreat more than two years after state investigators arrested him and his successor, John Swallow, citing a pattern of favors and gifts traded with a cast of questionable businesspersons. Davis County Attorney Troy Rawlings said in court documents that a recent U.S. Supreme Court decision overturning the bribery conviction of former Virginia Gov. Bob McDonnell narrowed what could be charged in influence-peddling cases.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 15, 2016 •
News You Can Use Digest – July 15, 2016
National: Gay Political Power Reaching Record as U.S. Attitudes Shift Bloomberg.com – Jeff Green | Published: 7/11/2016 Opponents are planning a campaign to roll back the new rights on same-sex marriage and military service won by gay Americans this year. That […]
National:
Gay Political Power Reaching Record as U.S. Attitudes Shift
Bloomberg.com – Jeff Green | Published: 7/11/2016
Opponents are planning a campaign to roll back the new rights on same-sex marriage and military service won by gay Americans this year. That offensive, in state Legislatures and Washington, D.C., has raised the stakes in the 2016 election for the lesbian, gay, bisexual, and transgender community, which is trying to leverage its unprecedented political power to elect lawmakers who would extend federal protections at work and home to gay citizens, just as the Civil Rights Act of 1964 protected race, religion, and gender. It is difficult to put a specific dollar amount on LGBT money in politics. But there is no question the spending is much more visible than it was two decades ago, said Democratic National Committee Treasurer Andrew Tobias.
How Private Equity Found Power and Profit in State Capitols
New York Times – Ben Protess, Jessica Silver-Greenberg, and Rachel Abrams | Published: 7/14/2016
Since the 2008 financial crisis, private equity firms have expanded their influence, assuming a pervasive, if clandestine, role in American life, an investigation found. Sophisticated political maneuvering – including winning government contracts, shaping public policy, and deploying former public officials to press their case – is central to this growth. Yet even as private equity wields influence in states and in Washington, D. C., it faces little public awareness of its activities. Private equity firms often do not directly engage with lawmakers and regulators – the companies they control do. And because private equity’s interests are so diverse, the industry interacts with governments not only through lobbying, but also as contractors and partners on public projects.
Federal:
Donald Trump and Hillary Clinton Struggle to Be Unifying Voice for Nation
New York Times – Patrick Healy | Published: 7/9/2016
Traumatic events have at times become opportunities for presidential candidates to step up and grow in the eyes of the American public, such as when Bill Clinton went to Los Angeles in 1992 in the aftermath of the riots there, or when Barack Obama pushed for aggressive, bipartisan action from the federal government to stem the banking crisis and protect taxpayers. No moment in the 2016 presidential campaign has cried out more for a unifying candidate than the police shootings of two black men and the ensuing national uproar, followed by the sniper ambush that killed five police officers in Dallas. And no other moment has revealed more starkly how hard it is for Donald Trump and Hillary Clinton to become that candidate. Never have two presidential nominees been as unpopular as Trump and Clinton, and they are not fully trusted by their own parties nor showing significant crossover appeal in the polls.
Koch-Backed ‘Dark Money’ Groups Fined for Failing to Disclose Donors
Center for Public Integrity – John Dunbar | Published: 7/13/2016
The FEC fined three nonprofit groups formerly connected with the political network of Charles and David Koch a total of $233,000, a rare intervention by the agency into the world of outside spending. Each of the groups ran political advertisements to support U.S. House candidates during the 2010 election. The FEC’s investigation provides a look into the interlocking networks of political nonprofits on the right, through which vast sums of money flow each election cycle with little disclosure. Such groups are not required to report their donors and typically trade large amounts of cash during each election cycle, making it difficult to judge which dollar from which donor is used for any particular activity.
US Rep. Corrine Brown Indicted After Fraud Investigation
ABC News – Jason Dearen and Curt Anderson (Associated Press) | Published: 7/8/2016
U.S. Rep. Corrine Brown of Florida and her chief of staff, Elias Simmons, were charged with 24 counts of fraud and other crimes that prosecutors said allowed them to use an education nonprofit as a “personal slush fund.” The indictment alleges Brown and Simmons used the One Door for Education-Amy Anderson Scholarship Fund to solicit $800,000 in charitable donations between 2012 and 2016. The money was used for Brown’s personal benefit, among other things, including “tens of thousands of dollars in cash deposits” sent to her personal bank accounts, according to prosecutors. Carla Wiley, former head of the Virginia-based One Door for Education, pleaded guilty to conspiracy to commit wire fraud earlier this year and was cooperating with investigators.
From the States and Municipalities:
Alabama – Mike Hubbard Sentenced to Four Years in Prison
Tuscaloosa News – Kim Chandler (Associated Press) | Published: 7/8/2016
Former Alabama House Speaker Mike Hubbard was sentenced to four years in prison for violating the state’s ethics law. He also faces $210,000 in fines. A jury convicted him of using his office to secure consulting contracts and investments from lobbyists or those who employ them. He was also found guilty of using staff members to do work for his private clients, voting for a budget that would have benefitted a client, and lobbying Gov. Robert Bentley on behalf of a client. At trial, Hubbard’s defense team argued that many of the charges he faced fell under an exemption in the law that allows public officials to exchange things of value with those they have long-standing friendships with.
California – Lyft Agrees to $6,000 FPPC Fine for Not Reporting Lobbying Costs
Sacramento Bee – Taryn Luna | Published: 7/11/2016
The ride-hailing firm Lyft agreed to pay $6,000 in fines for repeatedly being late in disclosing its use of lobbyists to influence California officials. An investigation by Fair Political Practices Commission staff alleged Lyft failed to file in a timely manner five lobbyist employer reports. During the 2013–2014 legislative session, Lyft spent more than $271,000 on lobbying related to four transportation-regulating bills. One report was filed 530 days late, although Lyft did not conduct any lobbying during the quarter. Other reports, during which there was activity, were filed from 11 to 165 days late. “According to Lyft, the late filing was an oversight caused by Lyft’s reliance on its lobbying firms to file its reports and its lack of experience as a lobbyist employer,” the staff report said.
Louisiana – Good Idea Gone Awry? How Term Limits Impact Sessions of Louisiana Legislature
New Orleans Advocate – Mark Ballard | Published: 7/9/2016
Term limits in Louisiana, which require state representatives and senators to step down after 12 years to make way for new lawmakers, were billed by supporters as a way to create a Legislature that would be more responsive to voters and allow for thinking “outside the box” to solve persistent governmental problems. But term limits also sapped legislators of historical knowledge, hardened political positions, and undermined the relationships that are essential ingredients to actually operating the machinery of government, some lawmakers, lobbyists, and political operatives say.
Missouri – Andy Blunt Came to Washington – Was It Lobbying?
St. Louis Post-Dispatch – Chuck Raasch | Published: 7/7/2016
When it was announced last year that Andy Blunt would manage the re-election campaign of his father, U.S. Sen. Roy Blunt, Missouri Democrats accused the younger Blunt of a conflict-of-interest. In December, Andy Blunt said that “I lobby in the state of Missouri, not the United States Congress, and there is a clear distinction.” But in April, Andy Blunt helped lead a delegation of Missouri cable television executives in meetings with members of the Missouri congressional delegation or their staffs. The younger Blount said he did not consider the meetings to be lobbying. Rather, he said, they were part of an annual “meet-and-greet” trip to Washington. The revelations rekindle questions about where Andy Blunt’s lobbying for clients ends and his advocacy for his father’s re-election campaign begins.
New York – Fight Over Emails Yields New Details on Role of Outside ‘Agents’ for de Blasio
New York Times – J. David Goodman | Published: 7/7/2016
After the rocky conclusion to his first year in office, New York City Mayor Bill de Blasio sought counsel at the start of 2015 from his most trusted advisers. The mayor’s office and a few outside consultants discussed internal opinion surveys and formulated strategy on some of de Blasio’s most pressing concerns. These internal discussions about public matters are now part of a court battle as lawyers for a nonprofit aligned with the mayor are fighting to keep those emails confidential, resisting subpoenas for that information by the Joint Commission on Public Ethics. The legal strategy appeared to clarify what had been one of the more puzzling moments of the de Blasio era: the description of five outside consultants as “agents of the city.”
Ohio – Dallas Shooting and Open-Carry Laws Loom Over Cleveland Convention Plans
New York Times – Yamiche Alcindor | Published: 7/11/2016
The recent violence in Dallas is intensifying worries in Cleveland about visitors and protesters taking firearms downtown during the Republican National Convention, where thousands of people plan to demonstrate. Ohio’s open-carry laws mean that those who legally own guns can take them into the two-square-mile area where many of the events and protests connected to the convention will be held. Cleveland’s police chief said that after the Dallas shootings, the city would be changing its security plans but did not go into detail. Meanwhile, some are planning to take their own security forces to Cleveland.
Pennsylvania – Consulting Business Owned by Mike Fleck Fined $11,850 by State
Allentown Morning Call – Emily Opilo | Published: 7/11/2016
Hamilton Development Partners, a former Allentown business at the center of an FBI investigation in the city, was cited by the Pennsylvania Ethics Commission. The firm failed to file a quarterly expense report with the Department of State for the third quarter of 2015 as required by the state lobbying law. It owes an $11,850 fine – $50 per day for each of the 237 days that the report has been considered late. The firm has been ordered to file an expense report in the next 30 days or face “appropriate enforcement action.” Failure to report under the law is considered a misdemeanor punishable with an up to five-year ban on lobbying in Pennsylvania.
Tennessee – Jeremy Durham Had Sexual ‘Interactions’ with 22 Women, Report Says
The Tennessean – Dave Bouchard and Joel Ebert | Published: 7/13/2016
State Rep. Jeremy Durham engaged in inappropriate conduct with women that constitutes disorderly behavior and warrants expulsion, said a report from the Tennessee attorney general, but a special legislative committee is leaving up to voters to decide whether the embattled lawmaker will continue serving in the Legislature. The investigation found Durham had sexually engaged with current and former female legislative staff, interns, lobbyists, and others between 2012, when he first took office, and the 2016 legislative session. The main findings of the attorney general’s report mirror the office released in April, when it found Durham had engaged in inappropriate physical contact and potentially posed a “continuing risk to unsuspecting women.” That determination led to Durham’s office being moved out of Legislative Plaza and his access to staff limited.
Washington – Supporters of Campaign Finance Measure Submit Signatures
Yakima Herald – Rachel LaCorte (Associated Press) | Published: 7/8/2016
More than 326,000 signatures have been turned in to the Washington secretary of state’s office in support of a proposed ballot measure that would make a series of campaign finance changes. Initiative 1464 seeks to do several things, including creating a voucher system that would give voters three $50 “democracy credits” that they can use in state races every two years. It would also impose tougher disclosure requirements on political advertisements and limit the amount of money that contractors and lobbyists can give to candidates. The ballot measure also would impose a three-year waiting period before former elected officials and senior staff can lobby their previous employers and colleagues. An initiative requires at least 246,372 valid signatures of registered state voters to be certified.
Wisconsin – Ex-AG Lautenschlager Named to Lead New Ethics Commission
Milwaukee Journal Sentinel – Patrick Marley | Published: 7/11/2016
Former Wisconsin Attorney General Peg Lautenschlager was selected as chairperson of the state’s new Ethics Commission, and the job of administrator was given to a former analyst of the nonpartisan board the panel was created to replace. Lautenschlager had to pay a fine to the previous ethics agency following her arrest for drunken driving in 2004. Brian Bell accepted the offer to be the administrator of the commission. He is a budget and policy analyst for the Wisconsin Department of Safety and Professional Services. He also previously worked for the Government Accountability Board as an ethics and accountability specialist.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 8, 2016 •
News You Can Use Digest – July 8, 2016
Federal: Can Super PACs Be Put Back in the Box? Washington Post – Matea Gold | Published: 7/6/2016 A powerhouse legal team representing a bipartisan group of members of Congress and candidates is unleashing a new effort to overturn the case […]
Federal:
Can Super PACs Be Put Back in the Box?
Washington Post – Matea Gold | Published: 7/6/2016
A powerhouse legal team representing a bipartisan group of members of Congress and candidates is unleashing a new effort to overturn the case that gave rise to super PACs, part of a new strategy to rein in the big money that has poured into campaigns since 2010. They are targeting a case decided by U.S. Court of Appeals for the District of Columbia Circuit in 2010: SpeechNow.org v. FEC. That decision permitted a conservative group to raise money beyond the contribution limits placed on traditional PACs because it planned to spend its funds independently of a candidate or party. In doing so, the appellate court paved the way for new political vehicles, later dubbed super PACs for their ability to accept unlimited amounts from individuals and corporations.
F.B.I. Director James Comey Recommends No Charges for Hillary Clinton on Email
New York Times – Mark Landler and Eric Lichtblau | Published: 7/5/2016
FBI Director James Comey said his agency is recommending that no charges be brought against Hillary Clinton in connection with her email use while secretary of State. “No reasonable prosecutor” would bring such a case, Comey said. But although the FBI is not recommending charges, Comey did strongly criticize Clinton’s handling of classified information in her email, calling is “extremely careless.” The announcement comes three days after FBI agents and Justice Department officials interviewed Clinton. The FBI has been seeking to determine whether Clinton or any of her aides had mishandled classified information in connection with her email. The inspector general of the intelligence agencies had said the emails contained information that was classified at the time they were sent but were not marked classified, and the information should never have been sent on an unclassified system.
Koch Brothers’ Plight Likened to That of Civil Rights Workers in the 1950s
Center for Public Integrity – John Dunbar | Published: 7/5/2016
Charles and David Koch and civil rights pioneers have faced threats and harassment from those who disagree with their views, and each is entitled to privacy when it comes to disclosing certain kinds of information to the government, a federal judge ruled. But the decision has been controversial; comparing the travails of billionaires to the violent threats endured by civil rights workers in the 1950s is more than a stretch, say some of those familiar with the case – it is offensive. The case represents just the latest front in an ongoing battle being waged by a range of mostly conservative groups attempting to keep donors to political nonprofits hidden from view. Many of the legal battles revolve around interpretation of a crucial civil rights case from 1958: NAACP v. Alabama.
Lockheed’s Top Government Affairs Official Not Registered as Lobbyist
Politico – Austin Wright and Jeremy Herb | Published: 7/3/2016
The top government affairs official at Lockheed Martin, the world’s largest defense contractor, has not registered as a lobbyist. The company maintains that Robert Rangel, its senior vice president for government affairs since early last year, is not required to disclose his efforts to influence Congress and the executive branch. He does not meet all the legal requirements outlined in the law that governs lobbying disclosures, Lockheed says, including the percentage of his time he actually spends trying to influence government officials. His decision not to register, however, goes against both company precedent and the practices of other top defense firms.
Special Interests Look to Influence Political Conventions – Discreetly
Center for Public Integrity – Carrie Levine | Published: 7/7/2016
Corporations, unions, and other special interests will spend tens of millions of dollars to bankroll festivities at the Democratic and Republican national conventions. Some high-profile companies and individual donors are scaling back on giving to the host committees as they want to distance themselves from controversies surrounding Donald Trump. Meanwhile, many special interests will participate in convention-related activities, but they have become more creative in how they influence conventioneers, or are refusing to discuss their convention plans. “They want to show up, they want to rub elbows with everyone at the conventions, they just don’t want the corporate name out there,” said Craig Holman, a lobbyist for Public Citizen who has tracked influence efforts at the conventions.
The Lobbying Reform That Enriched Congress
Politico – Isaac Arnsdorf | Published: 7/3/2016
In the wake of the Jack Abramoff scandal, Democrats seized on the chaos to retake both chambers of Congress, promising voters they would change what they called a “culture of corruption.” Their attempt to make good on that promise, the Honest Leadership and Open Government Act of 2007, was embraced by both parties as a historic breakthrough. But critics say the result of the law is very nearly the opposite of what the American public was told it was getting at the time. Not only did the lobbying reform bill fail to slow the “revolving door,” it created an entire class of professional influencers who operate in the shadows.
From the States and Municipalities:
Connecticut – Anthem-Cigna Controversy Exposes Gaps in Ethics Rules
Connecticut Mirror – Mark Pazniokas | Published: 7/5/2016
Connecticut Insurance Commissioner Katharine Wade’s refusal to recuse herself from ruling on the Anthem-Cigna merger has provoked a reappraisal of state ethics regulators, who heavily rely on the self-reporting of public officials, and an ethics code that may be clearer to lawyers than lovers of English. Wade, a former Cigna vice president of government affairs, in February did not try to hide the fact that her staff was reviewing Anthem’s application to acquire Cigna for $54 billion. “On behalf of the Department, I signed a contract with an independent economist to assist Department staff in their review of the Anthem Form A application. Presently, there are no Cigna matters before me,” Wade wrote to the Office of State Ethics. Wade declined recently to say what basis she concluded there were no Cigna matters before her under the meaning the state ethics code, given that she already has asserted her intention to rule on the merger.
Massachusetts – Senate Slow to Embrace DeLeo Ethics Panel
Lowell Sun – Matt Murphy (State House News Service) | Published: 7/7/2016
Massachusetts House Speaker Robert DeLeo’s efforts to jumpstart a review of the state’s ethics, campaign finance, and lobbying laws has hit a roadblock in the Senate, where leaders so far have refused to go along out of concern the broad scope of the speaker’s proposed review would lead to a dead end. DeLeo had offered a resolve that would have created a joint task force of the House, Senate, and Gov. Charlie Baker’s administration to review the state’s complex ethics laws. The House referred the speaker’s proposal to a joint committee, but so far the Senate has refused to admit the bill, leaving open the possibility that the House could choose to work with the governor alone on the review.
Michigan – Unions Win Injunction Blocking Michigan Fundraising Law
Detroit News – Jonathan Oosting | Published: 7/1/2016
A U.S. District Court Judge granted a preliminary injunction against a law passed by the Michigan Legislature last year that would make it easier for corporations to deduct money from employees’ paychecks for their own PACs while forbidding them from making similar deductions on behalf of labor unions. It is the second preliminary injunction from a federal judge against a provision of the law, which also prohibited local government officials from distributing information about ballot proposals, a restriction dubbed a “gag order” by critics.
Minnesota – Lobbying in Minnesota: Spending has nearly doubled since 2002
St. Paul Pioneer Press – Rachel Stassen-Berger | Published: 7/4/2016
Special interest groups have spent $800 million lobbying government officials in Minnesota over the last 13 years. The St. Paul Pioneer Press review also found the amount of annual spending has doubled and the number of lobbying clients has tripled. Business interests have dominated the spending annually, making up about half of the lobbying expenditures every year since 2002. Utilities have spent the most, followed by the health industry. Spending or the lack thereof does not always translate to influence, however. Good lobbyists, say lobbyists and lawmakers alike, know that. “Lobbyists don’t write laws … lobbyists write ideas. Lobbyists write suggestions,” said Tom Lehman, who has been a lobbyist for 26 years.
New York – Agency Clears Mayor de Blasio and Nonprofit of Campaign Finance Violations
New York Times – Vivian Yee | Published: 7/6/2016
The New York City Campaign Finance Board determined a nonprofit closely linked to Mayor Bill de Blasio did not spend money to bolster the mayor’s re-election bid, but the board said the group’s spending raised serious policy issues. The board said Campaign for One New York’s 2014 spending was not campaign-related, primarily because it occurred so far from the mayor’s re-election race in 2017. Yet the board appeared to find much that was troublesome, if not illegal, in the behavior of the nonprofit, which has amassed millions of dollars in donations to push for City Hall initiatives. The board also clarified rules governing nonprofit advocacy groups that are affiliated with politicians.
New York – In Inquiry into Ex-Cuomo Aide, Disclosure Form Only Adds Mystery
New York Times – Vivian Yee | Published: 7/5/2016
Two companies listed in a financial disclosure form from 2014 belonging to Joseph Percoco, who for many years was New York Gov. Andrew Cuomo’s closest aide, seem to be at the heart of a sprawling federal investigation encircling Cuomo’s administration. One firm, Chris Pitts LLC, is named for a minor Democratic activist in rural Connecticut who, until recently, lived with his sister and got around town in an aging Chevrolet. The other, COR Development Company, is one of the most prominent real estate developers in central New York. In an investigation with few signposts for those outside the U.S. attorney’s office in Manhattan, Percoco’s disclosure is the nearest thing to a map key. Yet the connection between the Percoco and COR and Chris Pitts LLC. is not as straightforward as the black and white of an official form might imply.
New York – JCOPE Shut Down in Lobbying Reform
Queens Chronicle – Michelle Kraidman | Published: 6/30/2016
The Joint Commission on Public Ethics (JCOPE) in February approved an advisory opinion that required paid consultants, who “controlled the delivery” of a message to editorial boards encouraging them to support positions that were favorable to a client, to register as lobbyists. They also would have had to report their contacts with media outlets’ opinion writers. That led to great opposition as accredited media sources, and several public relations and consulting firms sued JCOPE, arguing the new regulations were unconstitutional. Now, a statement released by the governor’s office announced that the agreed-upon legislation for an ethics reform plan does not include what JCOPE had originally recommended. “[The agreement] explicitly excludes communications with journalists, including editorial boards, from the definition of lobbying and exclude these communications from lobbying regulation,” the statement said.
Rhode Island – Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’
Providence Journal – Jennifer Bogdan | Published: 7/6/2016
In a ceremonial signing of lobbying legislation, Rhode Island Gov. Gina Raimondo described the changes as making the rules “clear, simple, consistent, and transparent.” The legislation, which goes into effect on January 1, clarifies who is a lobbyist and what constitutes lobbying. The penalty for failure to register is a fine of up to $50,000 and revocation of lobbyist registration for up to three years. Lobbyists will also be required to file monthly public reports of their activities from January to June and quarterly reports from July to December. The reports must include all compensation received, all expenditures made, and “all money and anything of value provided or promised to any legislative or executive branch official” in excess of $250.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
July 1, 2016 •
News You Can Use Digest – July 1, 2016
National: Report: It’s harder to know who’s paying for political ads Star Tribune – Geoff Mulvilhill (Associated Press) | Published: 6/27/2016 A report by New York University’s Brennan Center finds the use of so-called dark money in several states has increased […]
National:
Report: It’s harder to know who’s paying for political ads
Star Tribune – Geoff Mulvilhill (Associated Press) | Published: 6/27/2016
A report by New York University’s Brennan Center finds the use of so-called dark money in several states has increased faster than in national elections. Across six states – Alaska, Arizona, California, Colorado, Maine, and Massachusetts – dark money expenditures rose by 38 percent between 2006 and 2014, outstripping the 34 percent rate of increase found in federal elections. And that does not include other categories of nontransparent outside money. The report defines “gray money” as expenditures by entities that do disclose their contributors, but who also list dark money organizations as donors, making it difficult or impossible to locate the original source of the money.
Two Transgender Candidates – Both Named Misty – Just Made History by Winning Primaries
Washington Post – Amber Phillips | Published: 6/29/2016
Primary voters in Utah and Colorado selected transgender women to run for spots in Congress next fall, a first in major-party American political history. Misty Snow will run against U.S. Sen. Mike Lee in Utah this November, while Misty Plowright will challenge U.S. Rep. Doug Lamborn in Colorado. Neither Snow nor Plowright sought to make their gender identities a campaign issue, instead focusing on progressive issues like getting money out of politics. Their wins come as transgender rights have been thrust into the national spotlight after contentious debates in states like North Carolina. “This is even more breathtaking considering the political climate today, the uphill curve to educate people about who transgender people are,” said Bob Witeck, a Washington, D.C.-based LGBT advocate.
Federal:
Bernie Sanders Campaign Showed How to Turn Viral Moments into Money
New York Times – Nick Corasaniti | Published: 6/24/2016
Like most modern campaigns, U.S. Sen. Bernie Sanders and his team relied on widely used digital fundraising tactics, like sending email solicitations and advertising online. They raised more than $61 million and acquired more than three million email addresses directly from digital ads. But the campaign was also able to harness social media networks – which, until recently, most candidates had used primarily for messaging purposes – and turn them into fundraising engines, allowing Sanders’ team to raise money almost exclusively online. The campaign raised roughly $216 million of its nearly $230 million total online.
Donald Trump and R.N.C. Crack Down on Rebelling Delegates
New York Times – Jeremy Peters | Published: 6/26/2016
Donald Trump’s campaign and the Republican National Committee (RNC) are moving quickly and aggressively to head off the fledgling effort to stage a revolt at their July convention in Cleveland, hoping to spare the party an embarrassing spectacle that could deeply wound the presumptive nominee. They are employing hard-nosed tactics, warning delegates that attempting to undermine Trump’s claim to the nomination violates party rules, and threatening to deny speaking slots to Republicans they deem disloyal for not backing him. The RNC and the campaign are also installing loyal party stalwarts in key party positions to help ensure they maintain control of the convention if rogue delegates attempt a disruption. And they are trying to discredit Republicans who are advocating an interpretation of party rules that would allow delegates to vote for anyone they want on the first ballot.
Trump Fundraising Emails Overseas Prompt Complaints Here and Abroad
Washington Post – Sean Sullivan and Max Bearak | Published: 6/29/2016
Donald Trump’s campaign sent a wave of fundraising emails in recent days to lawmakers in the United Kingdom, Iceland, Australia, and elsewhere. The solicitations prompted watchdog groups to file two separate complaints with the FEC alleging the campaign was violating federal law by soliciting funds from foreign nationals. The episode is only the latest fundraising stumble by Trump’s presidential campaign, which has been scrambling to put together a financial operation to take on the well-funded campaign of likely Democratic nominee Hillary Clinton. Whether the snags prove to be growing pains for a campaign that until recently eschewed traditional fundraising or a sign of more serious stumbles to come is a key question facing Trump and the Republican Party as the general election comes into focus.
From the States and Municipalities:
California – At the Corner of Power and Poverty
CALmatters – Laurel Rosenhall | Published: 6/28/2016
The Capitol in Sacramento serves as a magnet for money and power. Nearby shops sell fine cigars and custom suits. A bar serves $16 martinis. But the streets that surround the building also are home to some of the city’s most destitute residents, many suffering from mental illness or drug addiction in addition to extreme poverty. It is not uncommon to see them rifling through trash cans, shouting incoherently, or sleeping barefoot in the shade on the Capitol’s manicured grounds. Bridging these two worlds is Debbie Bartley, who stands across the street selling Homeward, a newspaper produced by homeless people. She chats with the political staffers and lobbyists who give her a few dollars as they pass by. Then she buys food for people who sleep on these streets.
California – Sweeping Public Utilities Commission Changes Announced
Sacramento Bee – Jeremy White | Published: 6/27/2016
A deal between Gov. Jerry Brown and state lawmakers will bring major changes to the California Public Utilities Commission. When commissioners engage in ex-parte conversations around rate-setting rules, they would need to disclose them online under the agreement. The state attorney general could bring enforcement actions against people who violate the rules. The deal also clarifies that people who lobby the PUC would need to register as lobbyists. Through March of this year, more than 50 utilities and other lobbyist employers reported more than $6.3 million in PUC-connected lobbying activities.
Connecticut – Cigna-Anthem Merger: Gov. Malloy’s Insurance Regulator Told Ethics Officials She Was Not Involved in Cigna Issues, even as Her Agency Was
International Business Times – David Sirota | Published: 6/27/2016
Connecticut ethics officials are now investigating whether it is legally permissible for the state’s insurance commissioner to oversee the government’s review of her former company’s proposed merger. In regulators’ probe of conflict-of-interest issues in the Cigna-Anthem transaction, one question they may ask is whether the commissioner in question, former Cigna lobbyist Katharine Wade, deliberately misled them. Emails show that in February, Wade told ethics officials she had no Cigna business before her, even though her agency was then leading the national multistate review of the company’s merger plan, and even though Wade had repeatedly met with the company’s representatives. Wade’s letter to ethics officials did tell them that her staff was reviewing the merger, but did not disclose any information about her own contacts with the companies and their lobbyists.
Delaware – Supreme Court Rejects Challenge to Delaware Election Law
Wilmington News Journal – Jessica Masulli Reyes | Published: 6/28/2016
The U.S. Supreme Court rejected a conservative group’s challenge to Delaware’s campaign finance law. The justices left in place a lower court ruling allowing the 2012 law to be enforced. It requires third-party groups and individuals to disclose their donors to the state elections commissioner if they publish advertisements or other communications, including Internet postings, that refer to a candidate in the 60 days before an election. Previously, only groups that directly advocated for or against a candidate were required to disclose their donors.
Kentucky – Bevin Asserts Control of All Ethics Board Appointments
Lexington Herald-Leader – Jack Brammer | Published: 6/28/2016
Kentucky’s attorney general and state auditor will no longer be able to nominate members of the Executive Branch Ethics Commission under a new executive order from Gov. Matt Bevin. The governor appoints the members of the commission, which investigates allegations of state ethics code violations in the state’s executive branch. But in 2008, then-Gov. Steve Beshear issued an executive order requiring the governor to appoint two members of the commission that had been recommended by the attorney general and the state auditor. Bevin repealed that order, effectively allowing him to control all of the appointments to the board assigned to hold his administration accountable. Bevin spokesperson Jessica Ditto said the order simply returns the appointment process to the system state lawmakers intended.
New York – Bill Would Expand Disclosure for Donors to Lobbying Groups
Albany Times Union – Chris Bragg | Published: 6/29/2016
Under a 2011 law, charitable tax-exempt nonprofits in New York are not required to report their donors, even if the organizations have financially supported lobbying efforts meant to influence state government. Based on comments from state lobbying officials, a bill that Gov. Andrew Cuomo is expected to sign appears to require any charitable organization making a contribution over $2,500 to a substantial New York lobbying campaign to publicly disclose every one of its donors, even those unrelated to the lobbying effort. That would include both donations of staff and other resources for a charity to a lobbying nonprofit, or a monetary contribution.
Ohio – As Activists Prepare to Protest the RNC, the FBI Comes Knocking
Los Angeles Times – Matt Pearce | Published: 6/27/2016
In July, Donald Trump will come to Cleveland to claim the Republican presidential nomination. Given how turbulent some protests outside Trump rallies have been, and that the convention comes just weeks after the worst mass shooting in recent U.S. history, finding the right balance between security and First Amendment rights will be a challenge. Shivers have gone through the Cleveland activist community since law enforcement officials began knocking on their doors as tens of thousands of visitors prepare to come to town. The FBI office in Cleveland said the visits were part of their plans with state and local law enforcement to prepare for the convention by “working collaboratively with members of the community.”
Virginia – Supreme Court Vacates Ex-Virginia Governor’s Graft Conviction
New York Times – Adam Liptak | Published: 6/27/2016
The U.S. Supreme Court unanimously vacated the conviction of former Virginia Gov. Robert McDonnell. He was charged with using his office to help Jonnie Williams Sr., who had provided McDonnell and his wife with gifts worth more than $175,000 when McDonnell was governor. The gifts themselves were legal; the question was whether they were part of a corrupt bargain in which McDonnell reciprocated by using the power of his office to help Williams. The Supreme Court ruled prosecutors defined too broadly the kind of conduct that qualifies as an “official act.” Chief Justice John Roberts said the law cannot punish politicians for giving their constituents access to public officials who are willing to listen, but do not actually exercise government power.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 24, 2016 •
News You Can Use Digest – June 24, 2016
National: Courts, Judges Become Top Political Targets in 2016 Elections Kansas City Star – Dave Helling | Published: 6/17/2016 Experts say that while complaints about legal rulings are as old as the republic, politicians have started turning virtually every race into […]
National:
Courts, Judges Become Top Political Targets in 2016 Elections
Kansas City Star – Dave Helling | Published: 6/17/2016
Experts say that while complaints about legal rulings are as old as the republic, politicians have started turning virtually every race into a referendum on the courts, threatening public confidence in an independent, apolitical judiciary. Not everyone is equally concerned. In a polarized, dysfunctional political climate, some say, making judges more accountable to voters and taxpayers is healthy and inevitable.
The Kochs’ Powerful Operation Isn’t Aimed at Helping Trump – But It Might Anyway
Washington Post – Matea Gold | Published: 6/20/2016
Americans for Prosperity (AFP) launched ground operations on behalf of Republican incumbents in Pennsylvania, Ohio and Wisconsin, the earliest the Koch brothers-affiliated group has ever begun making explicit political appeals in the field. But AFP and other groups in the brothers’ political network are mute when it comes to Donald Trump. It is an odd situation for the powerful conservative operation, which was expected to harness its sprawling machinery on behalf of this year’s Republican nominee. But Trump’s incendiary rhetoric and inconsistent policy stances have dismayed Charles Koch, the billionaire industrialist who leads the network. Koch-backed groups are now training their resources on boosting vulnerable GOP Senate candidates.
Federal:
Democrats End Sit-In on House Floor While Promising to Continue to Press for Gun Votes
Washington Post – Karoun Demirjian, Kelsey Snell, and Ed O’Keefe | Published: 6/23/2016
U.S. House Democrats ended their sit-in protest after occupying the chamber’s floor for more than 25 hours, vowing to take the push for new gun curbs to their congressional districts. Even after Republicans had departed for a week-long recess, roughly a dozen Democrats held the floor, with more trickling in, after a night of loud confrontations with the chamber’s GOP leaders. The Democrats had demanded votes on legislation to expand background checks to all commercial sales and to prevent suspected terrorists from being able to buy guns. Republicans dismissed Democrats’ demands, saying they would not reward the minority party for trampling over the chamber’s rules.
Donald Trump Starts Summer Push with Crippling Money Deficit
New York Times – Nicholas Confesore and Rachel Storey | Published: 6/20/2016
Donald Trump enters the general election campaign laboring under the worst financial and organizational disadvantage of any major party nominee in recent history, placing both his candidacy and his party in political peril. Trump loaned his campaign $2.2 million in May and collected $3.1 million in donations, ending the month with less than $1.3 million in bank, a figure more typical for a campaign for the U.S. House than the White House. Hillary Clinton raised more than $28 million in May and started June with $42 million in cash. Trump has a staff of around 70 people, compared with nearly 700 for Clinton, suggesting only the barest effort toward preparing to contest swing states this fall. And he fired his campaign manager after concerns among allies and donors about his ability to run a competitive race.
Fattah Convicted of Federal Corruption Charges
Philadelphia Inquirer – Jeremy Roebuck | Published: 6/21/2016
U.S. Rep. Chaka Fattah was found guilty of all charges in a federal corruption trial. He and several associates had been charged with 29 counts related to bribery, money laundering, fraud, and racketeering. Fattah borrowed $1 million from a donor during his unsuccessful campaign for Philadelphia mayor and later repaid part of the loan by using funds from charitable and federal grants received by his nonprofit. Prosecutors said he also used funds from his mayoral and congressional campaigns to help pay off his son’s student loan debt. In addition, the indictment said Fattah accepted bribes while trying to secure an ambassadorship or appointment to the U.S. Trade Commission for former Philadelphia Deputy Mayor Herbert Vederman.
The Next ‘Citizens United’ Is Coming
Center for Public Integrity – Carrie Levine | Published: 6/22/2016
James Bopp, who successfully argued the Citizens United case before the U.S. Supreme Court, is now the lead lawyer in the most prominent of a series of lawsuits attempting to further rescind campaign contribution limits. The case brought by the Louisiana Republican Party addresses restrictions on how state and local political parties use soft money to influence federal elections. Bopp’s clients argue if independent outside groups such as super PACs are permitted to raise and spend unlimited amounts of such money, there is no reason why state political parties, acting independently of federal candidates, should be treated differently. Bopp says he will not rest until there are as few election rules as possible since he believes too many rules lead to more opportunities to game the system.
From the States and Municipalities:
California – California Political Watchdog Targets ‘Shadow Lobbyists’
Sacramento Bee – Taryn Luna | Published: 6/21/2016
The California Fair Political Practices Commission (FPPC) is considering a regulatory change to draw “shadow lobbyists,” consultants paid to influence legislation, into the public eye. Loopholes in the law can allow consultants to act as lobbyists without officially registering with the secretary of state’s office, disclosing their clients, or their attempts to sway lawmakers. The FPPC hopes the change increases the incentive for consultants and others working in and around the state’s lobbying industry to keep better records of their activities, while giving the agency more freedom to press cases against shadow lobbyists. The commission is expected to vote on the change at its regularly scheduled hearing on July 21.
Colorado – Colorado Supreme Court to Hear Case Challenging State Ethics Commission’s Role
Denver Post – Joey Bunch | Published: 6/21/2016
The Colorado Supreme Court agreed to hear issues in a case involving then-Secretary of State Scott Gessler, marking the first time the justices have looked at how the Independent Ethics Commission operates since it was created in 2006. The ethics panel found Gessler violated the public trust when he used money from his office discretionary fund to attend a GOP lawyer’s event in Florida. He extended the trip to attend the Republican National Convention (RNC). Gessler paid for his lodging and meals at the RNC with campaign funds. The Supreme Court will look at whether the commission exceeded its jurisdiction to ban gifts of more than $53 a year to public officials and bar them from becoming lobbyists for two years after leaving office.
District of Columbia – Close Council Vote Rejects Campaign Contribution Reform
DCist.com – Rachel Kurzius | Published: 6/21/2016
The District of Columbia Council struck down a proposal to ban campaign contributions from city contractors. Council Chairperson Phil Mendelson had included a provision in a bill to reform the city’s procurement process that would have banned donations from people or businesses that have or are seeking city contracts. He argued that doing so would improve the public perception of the city’s elected officials. But Councilperson Vincent Orange introduced an amendment to strike that language, saying it would lead to “dark money” flooding into city campaigns.
Florida – Florida Lawmaker Wants to Give Away an AR-15
New York Times – Mike McPhate | Published: 6/21/2016
Florida Sen. Greg Evers, a Republican who is running for Congress, said he would hold a drawing whose prize would be an AR-15, a gun similar to the one used by Omar Mateen to kill 49 people at a gay nightclub in Orlando on June 12. Evers said he was considering the giveaway since before the mass shooting, intending to burnish his pro-gun credentials in Florida’s conservative western Panhandle, where he is running to fill the seat being vacated by U.S. Rep. Jeff Miller. But the timing of the announcement, even as funerals for the shooting victims continued, led many commenters on Evers’s campaign site and his Twitter account to express disgust.
Maryland – Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session
Washington Post – Ovetta Wiggins | Published: 6/22/2016
The return of divided government to Maryland has brought about much change in Annapolis. But one thing that has remained the same since the election of Republican Gov. Larry Hogan is Gerard Evans’ upper hand in state lobbying. Evans, a longtime fixture in Annapolis, was the top earner among Maryland lobbyists during the recent legislative session. He reported billing his clients nearly $2 million between November and April, which is about $168,000 more than last year, when he was also the top earner. Bruce Bereano came in second both last year and this year, with reported billings of $1.4 million.
New York – 3 New York Police Commanders Are Arrested on Corruption Charges
New York Times – William Rashbaum and Joseph Goldstein | Published: 6/20/2016
Three New York City police commanders and a business consultant were arrested as part of a wide-ranging federal corruption probe that has also been examining Mayor Bill de Blasio’s campaign fundraising. The latest arrests mark an escalation of an investigation that has led to discipline for nearly a dozen police officers and forced de Blasio to answer questions about whether he engaged in inappropriate fundraising. A criminal complaint accused businessperson Jeremy Reichberg of plying Deputy Chief Michael Harrington, Deputy Inspector James Grant, and others with gifts including prostitutes, sports tickets and expensive trips. As a result, Reichberg was able to secure official favors. De Blasio has said he and his administration have acted legally in all respects. He has not been accused of wrongdoing, and the charges thus far are unrelated to his fundraising efforts.
New York – New York Lawmakers Leave Albany Without Big Ethics Reforms
Albany Times Union – David Klepper (Associated Press) | Published: 6/18/2016
New York Gov. Andrew Cuomo and legislative leaders agreed to an ethics package that aims to strip pensions from public officers convicted of a felony and add disclosure requirements for political consultants who advise elected officials. The session started in January with some bold proposals to fix the state’s porous campaign finance laws, beef up ethics enforcement, and put limits on the pay lawmakers can make from side jobs. But none passed during the six-month session. For good-government groups and officials long bewildered by Albany’s inaction, the resolution was as disappointing as it was unsurprising.
Oregon – Portland Auditor Says Revolving-Door Lobbying Rules ‘All but Unenforceable’
Portland Oregonian – Brad Schmidt | Published: 6/22/2016
A proposed ordinance in Portland would ban elected officials from lobbying the city and bureau directors from lobbying their agencies for two years after they leave office. It would impose a one-year lobbying ban on other city employees. The ordinance is a compromise. City commissioners expressed reservations about a more restrictive version of the bill that was introduced in April. City Auditor Mary Hull Caballero also wants to raise the fine for violating the city’s lobbying rules to $3,000. The new rules would require any group that spends more than $1,000 lobbying in a quarter to disclose a detailed list of each contact with city officials. Right now, that level of transparency is required only for groups that spend at least eight hours lobbying in a quarter, a provision that would continue.
Wisconsin – As the Government Accountability Board Ends, What’s the Future for Wisconsin Campaign Finance Regulation?
Capital Times – Katelyn Ferral | Published: 6/19/2016
Wisconsin’s Government Accountability Board, born in bipartisanship from a legislative scandal in 2001, was the only nonpartisan model of its kind in the country with six former judges appointed by the governor and confirmed by the Senate. It was armed with a budget unfettered by Legislative oversight to investigate campaign finance, ethics, and lobbying complaints. Its dissolution, which came with a rewrite of the state’s campaign finance rules, is a necessary reform to some but step backwards for others who question whether violations of campaign finance law will be aggressively policed.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 17, 2016 •
News You Can Use Digest – June 17, 2016
Federal: A New Phase for Trump’s Media War The Hill – Niall Stanage | Published: 6/15/2016 Media coverage of Donald Trump is shifting in a more negative direction as the presumptive Republican presidential nominee opens another front in his war with […]
Federal:
A New Phase for Trump’s Media War
The Hill – Niall Stanage | Published: 6/15/2016
Media coverage of Donald Trump is shifting in a more negative direction as the presumptive Republican presidential nominee opens another front in his war with the Fourth Estate. The Trump campaign revoked press credentials for The Washington Post, initially objecting to a headline regarding remarks he made about President Obama and the mass shooting in Orlando. But coverage from The Post, as well as The New York Times, on Trump’s speech on the massacre included some phrases that are sure to stoke his ire once again. To Trump’s critics, that language is a sign that news media are making an appropriate and long-awaited effort to hold Trump to account. His supporters, however, will no doubt see it as the injection of liberal opinion into news stories.
After Orlando, a Political Divide on Gay Rights Still Stands
New York Times – Jeremy Peters and Lizette Alvarez | Published: 6/15/2016
The deep divide over gay rights remains one of the most contentious in American politics. And the murder of 49 people in an Orlando gay club has, in many cases, only exacerbated the anger from Democrats and supporters of gay causes, who are insisting that no amount of consoling words or reassuring Twitter posts change the fact that Republicans continue to pursue policies that would limit legal protections for gays and lesbians. Some say identity politics have overtaken the tragedy in Orlando, with its combustible mix of issues that have long divided Americans: guns, gays, God, and immigration.
On Donald Trump, Republicans Keep Distance in Different Ways
New York Times – Jennifer Steinhauer | Published: 6/15/2016
For Republican lawmakers, there is no avoiding reporters in the Capitol, and no escaping controversy brought on by the party’s presumptive presidential nominee. Some, like the #NeverTrump crowd that includes U.S. Sen. Lindsey Graham, have it easy. It is no surprise where they stand on Donald Trump, and they consistently criticize him. But not everyone has it so simple.
Russian Government Hackers Penetrated DNC, Stole Opposition Research on Trump
Washington Post – Ellen Nakashima | Published: 6/14/2016
The Democratic National Committee’s computer systems were compromised by hackers linked to the Russian government, in one of the largest known breaches of an American political organization. A security firm hired by the Democratic Party found two known entities with ties to the Russian government had separately hacked the party’s information-technology infrastructure. It was reported that the party’s entire file of opposition research against Donald Trump had been copied. Presidential campaigns can be intelligence gold mines for foreign adversaries. There is immense interest in how future candidates would treat foreign countries, address trade, build their transition teams, and appoint to cabinet level positions.
From the States and Municipalities:
Alabama – Michael Hubbard, Alabama House Speaker, Is Convicted on 12 Felony Ethics Charges
New York Times – Alan Blinder | Published: 6/10/2016
A jury found Alabama House Speaker Mike Hubbard guilty on 12 of 23 counts of public corruption, agreeing with prosecutors that he used the influence and prestige of his political offices to benefit his companies and clients. The verdict automatically removes Hubbard from the Legislature and the speaker’s office. Prosecutors accused Hubbard of using his position as speaker and as former chairperson of the state Republican Party to try to obtain $2.3 million in work and investments. The charges included that he directed campaign work to his printing company; solicited investments and help to find employment from lobbyists and company executives; and used the power of his office to benefit his clients through legislative action or lobbying the governor’s office.
California – Former State Sen. Ron Calderon’s Guilty Plea in Corruption Case Marks Blow to Political Dynasty
Los Angeles Times – Joel Rubin and Patrick McGreevy | Published: 6/13/2016
Former California Sen. Ronald Calderon, accused of taking bribes from an undercover FBI agent posing as Hollywood filmmakers, agreed to plead guilty to mail fraud. His brother, ex-Assemblyperson Thomas Calderon, pleaded guilty to a money laundering charge in connection with the case. The Calderon brothers were members of a political dynasty going back several decades in the state before they were ensnared in the federal probe. Ronald Calderon had the undercover agent hire his daughter, make a $5,000 payment toward his son’s tuition, and give $25,000 to a nonprofit group the brothers used to pay themselves. In exchange, Calderon agreed to vote for film tax legislation and hire the undercover agent’s purported girlfriend for his staff.
Connecticut – Agency Approves Settlement That Would End Probe of Democrats’ Spending On Malloy Re-Election
Hartford Courant – Jon Lender | Published: 6/15/2016
The Connecticut Democratic Party and State Elections Enforcement Commission (SEEC) are settling a case involving Gov. Dannel Malloy’s 2014 re-election campaign. The party agreed to make a $325,000 payment to end the dispute over whether it illegally spent money from a federal account on mailers to benefit Malloy, who was participating in the state’s public campaign financing program. The federal account can accept political contributions from state contractors, unlike the party’s state fund. The SEEC will drop a pending lawsuit seeking a court order that the Democratic Party comply with an investigatory subpoena.
Hawaii – Honolulu Ethics Director Quits Over Direction Commission Is Headed
Honolulu Civil Beat – Chad Blair | Published: 6/15/2016
Honolulu Ethics Commission Executive Director Chuck Totto has resigned, effective immediately. Totto’s relationship with Mayor Kirk Caldwell’s administration was contentious from the beginning with questions about funding by lobbyists for the mayor’s inaugural luau. The rift was furthered with disagreements on the commission’s budget, as well as the validity of city council votes and Caldwell’s support of the rail project in view of contributions to their political campaigns by rail interests. Totto was placed on a one-month leave after an investigation into management procedures, and was hit with a major restriction upon his return.
Nevada – Nevada Bill Kept Legislators from Being Investigated
Las Vegas Review-Journal – Bethany Barnes | Published: 6/11/2016
The Nevada Ethics Commission is set up to police “public officers,” but legislators hold a special standing that grants them some immunity. The idea is that lawmakers need to be free to make decisions without fear of political retribution. As it stands now, politicians can say the ethics panel investigated a complaint and they were cleared, when in reality the commission was simply powerless to take action. League of Women Voters President Sondra Cosgrove said having no Ethics Commission would be better than having one that is essentially a fraud because it can rarely act. “Nevada is ‘Zombieland;’ it looks like we have lots of good laws and enforcement mechanisms, but as soon you try to actually engage with one, you get your brains eaten,” said Cosgrove.
New York – How Joseph Percoco, Cuomo’s Problem-Solver, Became a Problem
New York Times – Jesse McKinley and Vivian Yee | Published: 6/13/2016
It was all but impossible to imagine New York Gov. Andrew Cuomo without Joseph Percoco, his closest aide and the mainstay of his life in politics. But it took only a few days to end the relationship. Federal investigators subpoenaed records related to Percoco from a state ethics board. Then, the governor learned federal agents had raided Percoco’s home, looking for evidence he and his wife had improperly received thousands of dollars from companies that had done business with the state. Cuomo has repeatedly named Percoco and another former aide, Todd Howe, as the prime targets of the investigation led by Preet Bharara, the U.S. attorney for the Southern District of New York.
South Carolina – General Assembly Passes Ethics Reform for Lawmakers’ Income Disclosure, Independent Investigations
Charleston Post and Courier – Maya Prabhu | Published: 6/15/2016
The South Carolina Legislature approved two ethics reform bills after years of trying. One bill would require lawmakers and other public officials disclose sources of private income, while another would provide independent ethics investigations of ethics complaints against legislators. Under the bills, ethics complaints against legislators would be investigated by a revamped State Ethics Commission, which would determine if there is probable cause to the complaints and if so would send them back to House and Senate ethics committees to determine guilt and any penalty. Legislators and public officials currently must report sources of government income, payments from lobbyists, and some government contractors but not private sources.
Virginia – Two Years Ago, Eric Cantor Lost His House Seat. Was It Just in The Nick of Time?
Washington Post – Roxanne Roberts | Published: 6/15/2016
As vice chairperson of Wall Street investment bank Moelis and Co., Eric Cantor circles the globe advising companies on how to position themselves in the global marketplace. Two years ago, he was the rising star of the Republican Party, the presumptive heir to the speakership of the House, until he was humiliated in a primary election by a political novice. Cantor was the first sitting House majority leader in history to lose his congressional seat. Some called it one of the greatest political upsets of modern times. It was also a cautionary tale. In hindsight, that contest was not just a GOP primary election, Cantor says. It was a referendum on establishment politics, broken promises, and angry voters’ growing distrust of Washington. He was at the epicenter of a populist uprising.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 10, 2016 •
News You Can Use Digest – June 10, 2016
National: Study: Ordinary people struggle to use many state campaign finance websites StateScoop – Alex Koma | Published: 5/31/2016 The Campaign Finance Institute released a report that examines how easily ordinary people could use state websites to find out how much […]
National:
Study: Ordinary people struggle to use many state campaign finance websites
StateScoop – Alex Koma | Published: 5/31/2016
The Campaign Finance Institute released a report that examines how easily ordinary people could use state websites to find out how much money each state’s governor collected in campaign contributions in their most recent elections. Researchers found, for example, that users only managed to answer about 54 percent of questions correctly based on the information available on the websites. Fourteen states earned outright negative ratings, while 10 received middling scores. A total of 12 states got high marks from testers. Michael Malbin, the institute’s executive director, said he hopes the study shines a light on how difficult the sites are to use for “political amateurs, people who don’t use them as part of their occupations.”
Federal:
Clinton Celebrates Victory, Declaring: ‘We’ve reached a milestone’
Washington Post – Anne Gearan, Robert Costa, and John Wagner | Published: 6/8/2016
Hillary Clinton claimed the Democratic presidential nomination after decisive victories in the California, New Jersey, and New Mexico primaries, and appealed to supporters of U.S. Sen. Bernie Sanders to unite with her against Donald Trump. With the Democratic race nearing a close, Clinton savored the biggest night of journey from lawyer, wife, and first lady to senator, secretary of state, and now, the first woman to win a major party’s nomination. The only remaining way for Sanders to win the nomination is to persuade super delegates to effectively overturn the will of the voters.
Exclusive: Trump’s 3,500 lawsuits unprecedented for a presidential nominee
USA Today – Nick Penzenstadler and Susan Page | Published: 6/2/2016
A USA Today analysis of legal filings finds that Donald Trump and his businesses have been involved in at least 3,500 legal actions in federal and state courts during the past three decades. They range from skirmishes with casino patrons to million-dollar real estate suits to personal defamation lawsuits. The sheer volume of lawsuits is unprecedented for a presidential nominee. No candidate of a major party has had anything approaching the number of Trump’s courtroom entanglements. Trump’s history of legal actions provides clues about his style as a leader and manager.
From the States and Municipalities:
California – Builders Pierce California’s Environmental Shield with New Weapon: The ballot
New York Times – Ian Lovett | Published: 6/7/2016
Once heralded as a vital check on corporate influence over government, California’s ballot initiative system, which allows residents to propose laws and approve them by popular vote, has been used to sharply cut property taxes and to enact the country’s first medical marijuana law. But these days, developers are using the process for another purpose: to sidestep state environmental laws and speed major developments. Supporters of the ballot measures say they allow residents to override a broken system in which lawsuits and environmental reviews can delay projects for years. But environmentalists argue the arrangement grants special privileges to developers, even if only a relatively small fraction of residents support a project. And land-use experts say the strategy will become more common unless the state government steps in to curtail it.
California – Countywide Ethics Commission Overwhelmingly Approved
Voice of OC – Tracy Wood | Published: 6/7/2016
Voters approved a ballot measure that will establish an ethics commission in Orange County. The commission will enforce campaign finance law on countywide elected officials. The initiative also gives the ethics panel the authority to enforce the county’s gift ban, lobbyist registry, and parts of the county ethics code.
California – Ex-California Lawmaker Tom Calderon Pleads Guilty to Money Laundering
Sacramento Bee – David Siders and Alexei Koseff | Published: 6/6/2016
Former California Assemblyperson Thomas Calderon pleaded guilty to money laundering as part of a plea agreement in which he acknowledged concealing bribes that his brother, then-state Sen. Ron Calderon, accepted in exchange for supporting the expansion of tax credits for the film industry. Though his conviction carries up to 20 years in prison, prosecutors are requesting that he get no more than one year. The bribes came from an undercover FBI agent who posed as the owner of a movie studio. Thomas Calderon deposited a $30,000 bribe from the undercover agent into a bank account belong to the consulting company he founded, according to the plea agreement. He then wrote a check for $9,000 from that bank account to Ron Calderon’s daughter, the agreement says.
Florida – Bryant Miller Olive Appeals $50 Fine – and Loses
Florida Politics – Jim Rosica | Published: 6/3/2016
The Bryant Miller Olive law firm lost its appeal of a $50 fine for the late filing of one of its lobbyist compensation reports in Florida. Commissioners, though, were split on whether to waive the fine. Some wondered why the firm was fighting a one-day fine; others asked why commission staff bothered to pursue it. Foyt Ralston, a lobbyist with the firm, said it “made every attempt to submit our report.” The company appealed “partially on principle, but this is what we had to do to ask the question of how these things are handled,” Ralston said.
Florida – Hialeah Restaurant Owner Tried to Bribe Commissioner, State Says
Miami Herald – David Ovalle | Published: 6/1/2016
When the owner of Hialeah’s Rancho Okeechobee needed permission to keep the restaurant open late for a special event, he walked into the office of Miami-Dade County Commissioner Jose Diaz. “You have a friend in Rancho Okeechobee,” he wrote in a letter, according to police. And inside the envelope: $700 cash. The envelope stuffed with cash led not to political favors but to the arrest of Elezear Gadea, the restaurant owner, who has been charged with offering a bribe, authorities said. He later gave an undercover detective, posing as a commissioner’s aide, $2,000 in cash to help him, according to police.
Missouri – Four Years Later, an Ex-Politician Is Still Benefiting from His Campaign Fund
St. Louis Post-Dispatch – Kevin McDermott | Published: 6/5/2016
When Missouri House Speaker Steve Tilley resigned in 2012, he kept his $1.1 million campaign fund open. Donors gave the money to further the public agenda he represented. Instead, those funds are furthering Tilley’s lobbying and political consulting work, through a web of private firms and PACs tied to his family members and political allies. Rep. Jay Barnes described a series of newly outlawed maneuvers that are essentially a diagram of what Tilley has done since leaving office: putting campaign funds in long-term investments that do not allow immediate access to the money; moving the money into separate PACs controlled by the former officeholder; and passing the cash to other elected officials while lobbying those officials.
New York – Independent Budgeting a Little-Used Practice for City Watchdog Agencies
Gotham Gazette – Aaron Holmes | Published: 6/3/2016
During the annual budget process, New York City agencies and entities are at the mercy of the mayor and the city council, who ultimately set the budget. But unlike many, the several agencies and officials who regularly monitor or regulate the administration are put in an awkward situation, annually appealing for funding in a dynamic that can hamper their ability to carry out charter-mandated duties and, in some cases, lead to politically-motivated budget cuts.
New York – NY Gov. Cuomo Wants New Limits on Secret Campaign Funds
The Associated Press – David Klepper | Published: 6/8/2016
New York Gov. Andrew Cuomo wants to tighten restrictions on laws governing money given to candidates via so-called independent expenditure committees. Legislation announced by the governor would strengthen rules prohibiting independent groups from working with campaigns to elect specific candidates. It also would require greater disclosure of spending by independent groups. Cuomo released a legal opinion from his top counsel that seeks to clarify ambiguities in current rules prohibiting coordination. The opinion, meant to advise prosecutors or groups like the state Board of Elections, lays out several indications of improper cooperation between a candidate and an independent group. They include sharing major donors or office space, or family members or former staffers of the candidate who lead the independent organization.
Ohio – Lobbyist John Raphael’s Influence Spread Swiftly
Columbus Dispatch – Lucas Sullivan | Published: 6/8/2016
A judge sentenced former Columbus lobbyist John Raphael to 15 months in prison for extorting campaign contributions from red-light-camera vendor Redflex to help secure city contracts for the company. Raphael’s actions have resulted in more than 37 subpoenas, a federal grand jury, hundreds of court depositions, the interrogations of more than 50 Columbus and Franklin County employees, and at least two searches by FBI agents. “It became known that if a company wanted to land a contract, it had to go through John,” said a former city council aide. The city council has enacted new ethics laws this year that call for more accountability and monitoring of lobbyists.
Rhode Island – General Assembly Passes Lobbying Reform Act
Newport Buzz – Christian Winthrop | Published: 6/7/2016
Rhode Island lawmakers gave final approval to legislation that will reform the state’s lobbying law. Senate Bill 2361 and House Bill 7388 clarify the definitions of lobbyist and lobbying; provide a framework for investigations and hearings; strengthen and simplify lobbying reporting guidelines while making it easier for the general public to access these reports; and increase maximum penalties for non-compliance to more than double the current amounts. The bills await Gov. Gina Raimondo’s signature.
Wisconsin – What’s in a Name? Ask the Wisconsin Ethics Commission
Minneapolis Star Tribune – Scott Bauer (Associated Press) | Published: 6/9/2016
Members of the newly created commission to regulate ethics and campaign finance laws for Wisconsin officeholders and lobbyists continued their organizational work with the simplest of tasks: deciding on a name. The Wisconsin Ethics Commission, the name board members agreed upon, was created by the Legislature as one of two groups to replace the Government Accountability Board (GAB) starting on June 30. The agency does not yet have an administrator. Twenty-two people applied for the job, said outgoing GAB Executive Director Kevin Kennedy.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
June 3, 2016 •
News You Can Use Digest – June 3, 2016
Federal: Are Members of Congress Overpaid? The Atlantic – Nora Kelly | Published: 6/2/2016 Seventy-eight percent of the American public disapproves of lawmakers’ job performances. Thus, like any other group of poorly performing American workers, Congress probably will not get a […]
Federal:
Are Members of Congress Overpaid?
The Atlantic – Nora Kelly | Published: 6/2/2016
Seventy-eight percent of the American public disapproves of lawmakers’ job performances. Thus, like any other group of poorly performing American workers, Congress probably will not get a raise next year. Lawmakers already make a hefty six figures and more than three times the U.S. median household income. But although their pay might look rich at first glance, deciding what salary the members of Congress merit is complicated by the political climate, and the potential for legislators to make a whole lot more if they were to work almost anywhere else.
Can Donald Trump Win? These Battleground Regions Will Decide
New York Times – Jonathan Martin, Alexander Burns, Trip Gabriel, and Fernanda Santos | Published: 5/29/2016
In the Republican primaries, Donald Trump proved a master of nationalizing the political debate, appealing to voters across regional lines with harangues about immigration and crime that captivated an almost uniformly white primary electorate. At the outset of the general election, Trump has dominated the day-to-day news on national television and social media. In the general election, however, his fate will be determined not by his Twitter followers or a relatively homogeneous GOP electorate, but by a set of interlocking and increasingly diverse regions that hold many of the 270 electoral votes he needs to win. And in the four regions likely to decide the presidency – Florida, the upper Southeast, the Rust Belt, and the interior West – Trump faces daunting obstacles.
Clinton’s Challenge: Become a change agent in a year shaped by voter fury
Washington Post – Philip Rucker | Published: 5/31/2016
Hillary Clinton has promised that if elected, her presidency would bring better-paying jobs, renovated schools, and repaired bridges and highways. Labor laws would toughen, student debt would decline, and health care would be more accessible. But many people do not see Clinton in that light. Her advisers are grappling with how to convince swing voters that a former secretary of state, U.S. senator, and first lady who owns a home in Washington, has cultivated deep ties to Wall Street, and has played a starring role in the political scene for a quarter-century will usher in change.
‘I Can Watch It on TV’: Excuses for Republicans skipping a Donald Trump
New York Times – Jeremy Peters | Published: 6/1/2016
Prominent Republicans have announced their intention to skip the party’s national convention in Cleveland this summer, the latest sign that Donald Trump continues to struggle in his effort to unite the party behind his candidacy. The list of those who have sent regrets includes governors and U.S. senators, almost all facing tough re-election fights this year, and lifelong party devotees who have attended every convention for decades. The coolness toward Trump amounts to a remarkable rebuke. A broad range of party leaders are openly rejecting the man who will be their nominee. And the July convention, usually a moment of public catharsis for political parties after contentious primaries, is shaping up to be another reminder of the disarray and disunity that is still rocking the GOP after a bitter fight for the nomination.
From the States and Municipalities:
Alabama – Former Ethics Director Says He Advised Hubbard of Law
Montgomery Advertiser – Brian Lyman | Published: 5/31/2016
During testimony at Alabama House Speaker Mike Hubbard’s trial on corruption charges, the retired director of the state Ethics Commission said he often cautioned Hubbard about actions that would violate state law. Prosecutors called Jim Sumner to give jurors a tutorial on the law and to try to show Hubbard willfully ignored his advice. Hubbard faces 23 felony ethics charges accusing him of using his political positions to make money and solicit work, investments, and clients from people with business before the Legislature. Prosecutors say Hubbard improperly used the “mantle of his office” to benefit his businesses and clients. Hubbard has maintained the transactions were legal and permitted under the exceptions the state ethics law provides for normal business dealings and longstanding friendships.
California – In California, Varied Election Filing Practices Reveal a System Struggling to Catch Up
Los Angeles Times – Kaitlyn Landgraf and Ana Santos | Published: 5/31/2016
California accepted the first electronic filing of a campaign statement in U.S. history in 1998. Little has changed since then. More than half of the state’s counties, most of them small and rural, do not provide online access to campaign finance records, and they say they are not likely to change any time soon. Some counties say shifting online would be too expensive given tight budgets. Others have implemented electronic filing systems, but have not made them mandatory for candidates and committees. That means it is more difficult to determine whom local donors are, how much money they raised, and for which campaigns. Counties operate independently because there is no state law requiring online filing.
California – Quizzing the Candidates Leaves a Secret Paper Trail
CALmatters – Laurel Rosenhall | Published: 5/25/2016
The document from the Service Employees International Union reads like a contract, asking candidates seeking a seat in the California Legislature to pledge support for workers organizing unions. It lists priority issues and asks if the candidate will be a “supporter,” “champion,” or “partner” as the union pursues its agenda in Sacramento. Such questionnaires are a staple of electoral politics. The surveys can help sift a field of contestants as decisions are made about how to spend campaign money. By locking potential legislators into a position before they are even elected, questionnaires may also influence policy-making in a way that excludes the public and raises ethical questions. Out of view from voters, they can create private covenants between soon-to-be public officials and the groups that will lobby them. “It’s the smoke-filled backroom of politics,” said Sen. Steve Glazer.
Colorado – Councilman Says He Will Start Drafting Changes to Denver Code of Ethics
Denver Post – Jon Murray | Published: 5/29/2016
City Councilperson Kevin Flynn said he will draft a bill to reform Denver’s ethics law. Flynn said he likely would include a proposed gift limit. It would set a maximum annual value of $250 per donor or business on gifts of meals and event tickets to officials or employees who are in a position to take action that benefits the donor. It is still unclear how strong the council’s appetite for stronger ethics rules will be. Previous councils have been resistant, but Flynn says his sense is the current council is more likely to support most of the changes under discussion.
Florida – Prison Inspectors Detail Alleged Interference in Their Investigations
Miami Herald – Mary Ellen Klas | Published: 6/1/2016
Two investigators filed a lawsuit accusing the Florida Department of Corrections of retaliating against them for alleging cover-ups, inmate abuse, and political interference on behalf of a company whose lead lobbyist became Gov. Rick Scott’s general counsel. Doug Glisson and John Ulm allege their bosses systematically tried to discredit them and set them up for demotions by concocting charges, violating agency procedures, and even forging signatures. They claim the governor’s office has wielded influence over agency investigations and point to both the governor’s former top lawyer, Pete Antonacci, and his chief inspector general, Melinda Miguel, as being involved.
Kentucky – Governor Gets 237 Derby tickets. Who Uses Them?
Louisville Courier-Journal – Tom Loftus | Published: 5/27/2016
Lobbyists, campaign donors, and state officials continued to buy prime tickets to the Kentucky Derby and Kentucky Oaks this year from the batch that Churchill Downs sets aside for sale to the governor’s group. For years, governors and Churchill Downs say the sale of so many tickets to the governor’s group is intended as an economic development tool for the state. And the list of those who got the tickets this year from the governor’s allocation shows 62 of the Millionaires’ Row seats went to guests of the state Economic Development and Tourism cabinets. But lobbying firms McCarthy Strategic Solutions and McBrayer, McGinnis, Leslie, and Kirkland each bought batches of tickets through the governor’s allotment.
Montana – Group of Republicans Call for Special Session on Campaign Finance
Helena Independent Record – Holly Michels | Published: 5/31/2016
Ten Montana lawmakers filed paperwork to ask for a special session of the Legislature to fix what the group calls “defects” in state law governing campaign contributions and close a loophole that allows for cash from PACs to flow to candidates without limit. Contribution limits put in place by Commissioner of Political Practices Jonathan Motl recently are disproportionately low to that of surrounding states, the Republican lawmakers argue in the filing. The secretary of state will send legislators a ballot to vote on if they favor a special session. If a majority of the reply affirmatively to the poll, the secretary of state will let each lawmaker know the time and day the special session will convene.
New York – De Blasio Doled Out City Appointments from Shady Spreadsheet of Big Campaign Donors
New York Daily News – Jennifer Fermino and Greg Smith | Published: 5/31/2016
Campaign donors, lobbyists doubling as bundlers, lawyers, and real estate developers were listed on a spreadsheet of 97 names from which top officials in the administration of New York City Mayor Bill de Blasio were said to have selected key appointments during his first months in office. Ultimately, at least 43 of the 97 individuals appearing on the spreadsheet accepted at least one appointment. “Confidential notes” on the list reveal the prospective candidate’s business ties, but do not highlight actual qualifications for specific appointments. They do, however, reference support for the mayor, sometimes in financial terms.
Oregon – Lobbying, Campaign Contributions Give Special Interests Clout
Hillsboro Tribune – Hillary Borrud | Published: 5/30/2016
The combination of spending on lobbying and campaign contributions is common practice for many companies and interest groups in Oregon, which has no limits on the size of political donations and expenditures. But it is difficult for the public to track the connection because the state uses separate systems to record campaign and lobbying spending. The state also does not require lobbyists to disclose if they play a role in raising campaign money. Dan Meek, co-chairperson of the Independent Party of Oregon, said he is more concerned about the lack of campaign contribution limits than lobbyist spending. “Lobbying expenses and reporting is overshadowed by campaign contributions,” Meek said. “I also think lobbyists are only as effective as the campaign contributions they can deliver.”
Pennsylvania – Investigation Puts Scrutiny on Lobbyists, Political Ties
Pittsburgh Tribune-Review – Brad Bumsted and Mike Wereschagin | Published: 5/28/2016
Approximately 900 lobbyists spent more than $500 million last year to influence lawmakers in the Pennsylvania General Assembly. Those same lawmakers pay some lobbyists, many of them their former aides, to run their election campaigns, meaning each relies on the other for millions of dollars every election cycle. Pennsylvania’s lobbying industry is under increased scrutiny as a result of a federal investigation; the probe resulted in the guilty plea of lobbyist John Estey to wire fraud. It occurs as those seeking to reform the industry push for full spending disclosure, a gift ban, and an end to lobbyists running legislative campaigns.
Texas – Texas Ethics Commission Tightens Rules on Trips Paid by Lobbyists
Austin American-Statesman – Sean Collins Walsh | Published: 6/1/2016
The Texas Ethics Commission voted to make it more difficult for lobbyists and lawmakers to take advantage of an exemption in state law that allows special interests to fund educational trips. Under the new rule, lobbyists can only pay for trips that are necessary for the official to obtain information relevant to state business; a trip must be the only way the official can obtain the information; and the outing must not be for a “merely ceremonial event or pleasure trip.” Commissioner Paul Hobby had said lobbyists asked for the increased regulation because they were being asked to pay for so many trips.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
May 27, 2016 •
News You Can Use Digest – May 27, 2016
National: Getting a Photo ID So You Can Vote Is Easy. Unless You’re Poor, Black, Latino or Elderly. Washington Post – Suzi Horwitz | Published: 5/23/2016 In November, 17 states will have voting restrictions in place for the first time in […]
National:
Getting a Photo ID So You Can Vote Is Easy. Unless You’re Poor, Black, Latino or Elderly.
Washington Post – Suzi Horwitz | Published: 5/23/2016
In November, 17 states will have voting restrictions in place for the first time in a presidential election. Supporters say everyone should easily be able to get a photo ID and the requirement is needed to combat voter fraud. But many election experts say the process for obtaining a photo ID can be far more difficult than it looks for hundreds of thousands of people across the country who do not have the required photo identification cards. Those most likely to be affected are elderly citizens, African Americans, Hispanics, and low-income residents.
Federal:
A Growing Concern in Cleveland: Chaos off the convention floor
Washington Post – Ed O’Keefe | Published: 5/25/2016
Fears of chaos inside the Republican National Convention have subsided as Donald Trump has tightened his grip on the party’s presidential nomination. But outside the arena, an assortment of planned demonstrations and marches is raising safety concerns about what happens when protesters, police, and convention participants converge on the streets of Cleveland. Many are increasingly worried the city is ill-prepared to deal with the tens of thousands of people that are expected to descend on Cleveland in July.
As Donald Trump Pushes Conspiracy Theories, Right-Wing Media Gets Its Wish
New York Times – Jonathan Martin | Published: 5/25/2016
Ever since talk radio, cable news, and the Internet emerged as potent political forces on the right, Republicans have used those media to attack their opponents. Political operatives would secretly place damaging information with friendly outlets like Fox News and with radio hosts like Rush Limbaugh, and then they would work to get the same information absorbed into the mainstream media. Candidates themselves would avoid being seen slinging mud. Yet by personally broaching topics like Bill Clinton’s marital indiscretions and the conspiracy theories surrounding the suicide of Vincent Foster, a Clinton White House aide, Donald Trump is again defying the norms of presidential politics and fashioning his own style. Trump has begun a real-life political science experiment: what happens when a major party’s nominee is more provocateur than politician?
Despite Recommendations, FEC Won’t Pursue Charges that Murray Energy Coerced Campaign Donations from Employees
Cleveland Plain Dealer – Sabrina Eaton | Published: 5/23/2016
Despite the fact that FEC staff found “reason to believe” Robert Murray and his company violated federal law by coercing employees to donate to and support Republican candidates, the agency will not pursue charges. During the 2012 election, Murray Energy workers said they were required to attend a rally for Mitt Romney. Other employees later said they were pushed to donate to Romney. An FEC report states “the record suggests Murray solicited employees for contributions to individual candidates in a manner that further elevated the pressure to contribute, including the implicit threat that potential job-related reprisals may follow for not doing so.” The FEC’s three Democratic members released a statement expressing fear the precedent would let corporations “feel they may ride roughshod over the rights of their employees.”
Hillary Clinton Is Criticized for Private Emails in State Dept. Review
New York Times – Steven Lee Myers and Eric Lichtblau | Published: 5/25/2016
The State Department’s inspector general criticized Hillary Clinton’s exclusive use of a private email server while she was secretary of state, saying she had not sought permission to use it and would not have received approval if she had. The report sent to members of Congress undermined some of Clinton’s previous statements defending her use of the server. The report, as well as an FBI investigation and other legal challenges seeking information about her emails, is certain to keep alive a controversy that has shadowed Clinton’s campaign for president.
Lawmakers’ Dues to Party: ‘Extortion’ or team effort?
USA Today – Deirdre Shesgreen and Christopher Schnaars | Published: 5/25/2016
At the start of each two-year election cycle, the Democratic and Republican campaign committees set up elaborate contribution programs, in which the U.S. House leaders, committee chairpersons, veteran lawmakers, and even relative newcomers are given fundraising goals. Lawmakers get credit for paying their so-called dues when a donor they have contacted gives to the campaign committees, or when they transfer money from their own accounts to the committees. Those who make or exceed their expected dues are considered “team players,” a label that lifts their chances of landing plum committee assignments. Senators do the same thing, although the quotas appear to be more loosely enforced. “It is clear that political party fundraising has been moved directly into Congress, at levels never imagined by the Founders,” said U.S. Rep. Marcy Kaptur.
NFL Tried to Influence ‘Unrestricted’ Research Gift, Congressional Report Says
Washington Post – Rick Maese | Published: 5/23/2016
When the National Football League (NFL) agreed in 2012 to donate tens of millions of dollars to concussion research overseen by the National Institutes of Health, it was widely seen as a positive turning point in football’s long history of playing down the long-term effects of brain injuries on players. At the time, the league said it would have no influence over how the money was used. But the NFL and its head, neck, and spine committee worked to improperly influence the government research, trying to steer the study toward a doctor with ties to the league, according to a congressional committee.
From the States and Municipalities:
Alabama – One-Time Rising Star Hubbard to Stand Trial on Ethics Charges
AL.com – Mike Cason | Published: 5/22/2016
Alabama House Speaker Mike Hubbard is on trial on charges he used his political position to make money and obtain financial favors from lobbyists and company executives with business before the Legislature. Hubbard faces 23 felony ethics charges accusing him of steering Republican campaign work to his media companies and using his office to obtain employment, investments, and benefits for his companies. Prosecutors have painted him as a politician consumed by greed as he climbed to the top of the state’s political hierarchy and desperate to obtain work when being laid off by his primary employer, Auburn University’s IMG Sports Network.
Florida – Facing Bribery Charges, Opa-locka Commissioner Rams SUV into Tree, Killing Himself
Miami Herald – Charles Rabin, Jay Weaver, David Ovalle, and Michael Sallah | Published: 5/24/2016
Days before Opa-locka Commissioner Terence Pinder was ordered to turn himself over to prosecutors on corruption charges, he agonized to a friend over the shame of his imminent arrest. He fretted over the ordeal of fighting bribery charges for a second time in his political career, and wondered how he would ever be able to pay the legal costs. Hours later, he revved up the engine of his city-leased Chevy Tahoe, sped across several hundred yards of a grassy field, and rammed into a towering banyan tree. The impact killed him instantly. Pinder’s suicide represents another crisis for a city on the verge of a financial takeover by the state over massive debts and a corruption scandal that has led to a sweeping FBI investigation into its most powerful leaders.
Hawaii – Hawaii Lawmakers Again Balk at Ethics, Lobbying Reform
Honolulu Civil Beat – Nathan Eagle | Published: 5/23/2016
The Hawaii Ethics Commission tracked more than 16 bills related to ethics and lobbying this past legislative session, which ended May 5. Each one died, many without a public hearing. “I think it sends a bad message to the people about the Legislature’s commitment to open and responsible government when nearly all bills related to ethics and transparency just die a non-transparent death at the end,” said Rep. Matt LoPresti, who introduced a measure to restrict lawmakers’ use of their official position for personal benefit.
Missouri – Impact of Missouri’s ‘Revolving Door’ Lobbyist Law Questioned
Kansas City Star – Jason Hancock | Published: 5/23/2016
Under a new law in Missouri, legislators must wait six months after the end of their term before they can return to the Capitol to lobby their former colleagues. That would delay a lawmaker’s lobbying career until after the next legislative session. Bu opponents of the legislation said it was just window dressing. After a year marked by scandal, including the resignations of two lawmakers over inappropriate conduct with interns, the reform that ultimately was accomplished will do little to change the culture in Jefferson City, said Sen. Jason Holsman. “We concoct these solutions that don’t do anything but make us feel good, and someone can write a story saying we’ve addressed the problem,” Holsman said.
Montana – Term Limits Have Weakened Legislature, Some Observers Say
Helena Independent Record – Jayme Fraser | Published: 5/23/2016
Term limits have weakened Montana’s Legislature, shifting power to governors and lobbyists as well as contributing to divides within parties and a decline in bipartisan collaboration, many political observers agree. Under term limits, the Legislature lost the encyclopedic knowledge of people who worked sometimes decades on environmental regulation, taxation, or other complex topics, said Bob Brown, who served 30 years in the Legislature before being elected secretary of state. He said the lost veterans frequently offered guidance to legislators from any party.
Pennsylvania – Pa. Officials, Lobbyists Split on How to Vet Business Propositions
Pittsburgh Tribune-Review – Brad Bumsted | Published: 5/22/2016
FBI agents and operatives for decades have gone undercover as developers, racetrack lobbyists, and Arab sheiks to snare dozens of elected officials and lobbyists in corrupt transactions. Pennsylvania has been no exception, but some state officials and legal scholars question whether offering bribes to legislators is an effective way of fighting public corruption and are divided over how lawmakers should vet the validity of business propositions. “How would you know a company is flimsy?” asked Stephen Miskin, spokesperson for House Republicans. “Are we at the point where lobbyists have to hire private investigators to do background checks?”
Rhode Island – R.I. House Unanimously Approves Lobbying Bill with Stricter Penalties
Providence Journal – Jennifer Bogdon | Published: 5/24/2016
The Rhode Island House unanimously approved changes to the state’s lobbying law. The bill clarifies the definition of lobbying and strengthens penalties for those who fail to register, allowing for fines of up to $5,000 and a revocation of registration for up to three years. It also requires monthly reporting from January through June and quarterly reporting from July through December, among other reforms. An identical version of the legislation is scheduled for a full vote of the Senate.
Virginia – Inquiry Highlights Terry McAuliffe’s Ties to Chinese Company
New York Times – Nicholas Confessore and Stephanie Saul | Published: 5/24/2016
Virginia Gov. Terry McAuliffe is the subject of an ongoing investigation by the FBI and prosecutors from the Justice Department’s public integrity unit, officials briefed on the probe say. Investigators are examining the relationship between the Dandong Port Group’s wealthy and connected chairperson, Wang Wenliang, and the governor. A federal law enforcement official said the inquiry included $120,000 in contributions that a New Jersey construction firm controlled by Wang made to McAuliffe’s 2013 campaign and inaugural committee. The investigation also encompasses McAuliffe’s role as a board member of the Clinton Foundation, to which another company linked to Wang pledged a $2 million contribution in 2013.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
May 13, 2016 •
News You Can Use Digest – May 13, 2016
National: Conservatives Accuse Facebook of Political Bias New York Times – John Hermann and Mike Isaac | Published: 5/9/2016 Facebook denied allegations from former workers who said the social media site suppressed news about conservative issues on its popular “trending” news […]
National:
Conservatives Accuse Facebook of Political Bias
New York Times – John Hermann and Mike Isaac | Published: 5/9/2016
Facebook denied allegations from former workers who said the social media site suppressed news about conservative issues on its popular “trending” news feature. The website Gizmodo published a report that included allegations from unnamed former Facebook “news curators” who said employees prevented stories about the Conservative Political Action Conference, as well as stories about Mitt Romney, Rand Paul, and other conservative issues from appearing in the section, “even though they were organically trending among the site’s users.” The back-and-forth highlights the extent to which Facebook has now muscled its way into America’s political conversation, and the risks the company faces as it becomes a central force in news production and consumption.
Lobbying Groups Descend on Battleground States
The Hill – Megan Wilson | Published: 5/11/2016
With few chances left for face-to-face advocacy in Washington, D.C. as federal lawmakers campaign for re-election, lobbyists are turning to their election-year playbook, which includes heavy spending on targeted advertising in battleground states. Those efforts are more important than ever before, lobbyists say, due to the unpredictability of a presidential race featuring presumptive Republican nominee Donald Trump. “[State-level advocacy is] a time-honored tradition, and this is the usual time, but there is still so much uncertainty,” said Bruce Haynes, a founding partner at Purple Strategies. “You may need more allies than you’ve ever had when you just don’t know which way the wind is going to blow.”
Women’s Rising Influence in Politics, Tinted Green
New York Times – Nicholas Confessore | Published: 5/7/2016
Female campaign donors in both parties have described cultural and economic changes that were driving their increased participation in political giving, long among the most exclusive men’s clubs in American culture. More women are founding their own companies or rising to lead family businesses, or have already sold or retired from them, a common springboard to the upper reaches of campaign fundraising. Within marriages, they said, women now had more authority to steer family decisions about political contributions. The increase is especially pronounced on the left, with the presidential campaign of Hillary Clinton galvanizing female donors.
Federal:
Hillary Clinton, the First ‘E.T. Candidate,’ Has U.F.O. Fans in Thrall
New York Times – Amy Chozick | Published: 5/10/2016
Known for her grasp of policy details, Hillary Clinton has spoken at length in her presidential campaign on topics ranging from Alzheimer’s research to military tensions in the South China Sea. But it is her unusual knowledge about extraterrestrials that has struck a small but committed cohort of voters. Clinton has vowed that barring any threats to national security, she would open up government files on the subject, a shift from President Obama, who typically dismisses the topic as a joke. Her position has elated UFO enthusiasts, who have declared Clinton the first “E.T. candidate.”
Lobbyists Struggle with Trump Reality
The Hill – Megan Wilson | Published: 5/6/2016
Republican lobbyists in Washington, D.C. are struggling to come to grips with the possibility of a Donald Trump presidency. Much of the GOP crowd on K Street – lobbyists, consultants, and public relations operatives – built their careers working for so-called establishment politicians. Some who spoke with The Hill mentioned that many lobbyists uneasy about whether to support Trump will just shift back to what they know: Congress. Deciding not to participate in the White House race could free up extra resources to ensure Republicans stay in control of the House and Senate, as the party is set to have to defend a large number of seats in the upper chamber. “K Street is worried about the dominos falling below the presidential race,” said Tom Korologos, a strategic advisor for DLA Piper.
From the States and Municipalities:
Alabama – Chief Justice’s Suspension Adds to Alabama’s Political Mess
Santa Cruz Sentinel – Jay Reeves (Associated Press) | Published: 5/7/2016
Three top elected officials in Alabama are embroiled in scandal or facing removal from office while a former governor serves time in federal prison on a corruption conviction. State Supreme Court Chief Justice Roy Moore was suspended from his job and faces possible ouster over his attempts to block gay marriage following the U.S. Supreme Court ruling that effectively legalized same-sex marriage nationwide. Fellow Republicans tried to remove Gov. Robert Bentley by impeachment over a sexually charged scandal involving a top political aide, and an investigation continues. House Speaker Mike Hubbard awaits a state trial on 23 felony ethics counts. If convicted, Hubbard could join imprisoned former Gov. Don Siegelman, who was convicted on federal influence-peddling charges.
Arizona – Legislature Approves Bills Amending Campaign Finance Laws
ABC15; Associated Press – | Published: 5/7/2016
The Arizona Legislature adopted a measure to reinsert criminal penalties that were left out of a sweeping campaign finance bill that was signed by the governor. Among the changes are provisions that make it illegal for individuals to contribute in the name of another person and prevent candidates from donating to one another. House Bill 2297 now moves to the governor’s desk beside a second measure that borrowed language from the same campaign finance rewrite to relax rules on anonymous political spending ahead of the August primary election. The amendment on House Bill 2296 cedes regulation of “dark money” and other nonprofit groups to the IRS, essentially doubling the amount these groups can spend on ballot measures.
California – California Senate Suspends Lobbyist Fundraising Restrictions
Monterey County Herald – Jonathan Cooper (Associated Press) | Published: 5/12/2016
The California Senate voted to remove a fundraising blackout period instituted in the wake of a corruption scandal two years ago. The Senate reversed the ban on members raising money from lobbyist employers during final budget negotiations and the last month of session, a time when lawmakers are typically voting on hundreds of bills. Because the restrictions were only in the Senate’s internal rules, not state law, they are not subject to approval by the Assembly or the governor and take effect immediately.
Kentucky – Kentucky’s Two Most Recent Governors Are Feuding, and It’s Ugly and Very Public, Too
U.S. News & World Report – Adam Beam (Associated Press) | Published: 5/10/2016
While peaceful transitions of power are a longstanding U.S. tradition, the handoff in Kentucky from Steve Beshear to Matt Bevin has been ugly. The spat has intensified so much that Beshear has taken the extraordinary step of starting a nonprofit group that is paying for ads critical of Bevin and his policies. Bevin, in turn, has launched an investigation of the Beshear administration, using a state law granting him subpoena power and public money to hire a private law firm to determine if the ex-governor violated state ethics and procurement laws.
Missouri – Missouri House and Senate Can’t Agree on Banning Lobbyist Gifts
Kansas City Star – Jason Hancock | Published: 5/12/2016
A compromise that would ban gifts to Missouri lawmakers except for lobbyist-funded meals – which would be capped at $40 a day, per lobbyist – got bogged down in the state Senate. But even though the 2016 legislative session ends May 13 at six p.m., the House is not ready to give up the fight. Republicans in that chamber plan to attach a lobbyist gift ban as an amendment to numerous Senate bills in an effort to force senators to deal with the issue.
New York – Dean Skelos Is Sentenced to 5 Years in Prison in Corruption Case
New York Times – Benjamin Weiser and Vivian Yee | Published: 5/12/2016
Former New York Senate Majority Leader Dean Skelos was sentenced to five years in prison, making him the second former state lawmaker in recent days to be given time behind bars for public corruption. The judge also sentenced his son, Adam Skelos, to six-and-one-half years in prison following their convictions on charges of extortion, fraud, and bribe solicitation. Prosecutors said Dean Skelos used his public position to obtain jobs and payments for his son with companies that had business before the state. Former Assembly Speaker Sheldon Silver was sentenced to 12 years in prison in a separate corruption case. The sentences conclude an extraordinary chapter during which two trials held a block apart at almost the same time exposed a culture of kickbacks and secret deals in Albany.
Pennsylvania – Behind the Scenes of an Intricate FBI Sting
Philadelphia Inquirer – Mark Fazlollah, Craig McCoy, and Angeles Couloumbis | Published: 5/7/2016
Records and interviews suggest the FBI sting that ensnared lobbyist John Estey could become the most complex and far-reaching corruption investigation in Harrisburg in a decade. Along with Estey, the probe already trapped former state Treasurer Rob McCord, who has agreed to cooperate in return for leniency and secretly recorded his conversations, according to sources. Federal prosecutors have declined to discuss details of an investigation they only broadly describe as focused on “lobbying in the Pennsylvania General Assembly.”
South Carolina – State Lawmaker Lived at Contributor’s Half-Million-Dollar Property, Ducks Questions
Charleston Post & Courier – David Slade | Published: 5/7/2016
South Carolina Rep. Brian White and his wife sold their modest ranch home for $150,000 and moved to a nearly 3,900-square-foot house more than seven acres with a pool. The $500,000 property was owned by Bradley and Brian Moorhouse, brothers who are both nursing home administrators for National Healthcare Corp., White’s largest corporate source of campaign donations. The White family lived there as tenants for at least five years, paying an undisclosed amount of rent while Brian White collected campaign donations from his landlords and executives with their company. During that time, White chaired a House subcommittee overseeing the state’s health care spending and policies, including those affecting the nursing home industry.
Washington – ‘End Yourselves’: Councilwomen threatened after voting against Seattle’s NBA arena
Washington Post – Stephanie Kuzydym | Published: 5/11/2016
The five female members of the Seattle City Council who provided the votes to defeat a plan to build a new arena to lure a team from the National Basketball Association have received ugly hate mail and threats from disappointed sports fans. Councilperson Lorena González said her personal and private social-media accounts and email were flooded with vitriolic messages. “What was concerning to me about this is I never came into this position with the expectation that I’d be told to kill myself or that I deserve sexual violence,” González said.
Wisconsin – Kevin Kennedy Stepping Down as Head of Embattled Elections, Ethics Board
Milwaukee Journal Sentinel – Patrick Marley | Published: 5/10/2016
Wisconsin’s longtime chief elections official, Kevin Kennedy, is retiring on June 29. That is the day before the Government Accountability Board (GAB) he heads is scheduled to be dissolved and reconstituted as two separate commissions. Lawmakers created the GAB in response to a scandal in which lawmakers were convicted of campaigning using state resources. But Republicans came to despise the board, in large part because it participated in an investigation that looked into whether Gov. Scott Walker’s campaign collaborated with conservative groups. Lawmakers last year voted to disband the GAB.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
May 6, 2016 •
News You Can Use Digest – May 6, 2016
National: Often-Secret Donors Spend Big to Push Elected Officials’ Pet Projects USA Today – Fredreka Schouten and Mary Troyan | Published: 4/5/2016 Nonprofit groups have become a fixture in federal politics, allowing secret donors to pump unlimited sums into advertising and […]
National:
Often-Secret Donors Spend Big to Push Elected Officials’ Pet Projects
USA Today – Fredreka Schouten and Mary Troyan | Published: 4/5/2016
Nonprofit groups have become a fixture in federal politics, allowing secret donors to pump unlimited sums into advertising and get-out-the-vote efforts in elections. But their use has spread rapidly to statehouses and city halls as another source of cash that elected officials of both parties can tap to help shape public policy. Elected officials defend their use, saying nonprofits can move more nimbly than government agencies to advance civic initiatives and are less likely to draw the public’s ire over using taxpayer funds for pet projects or quasi-political expenses, such as polling. Campaign finance watchdogs, however, said they are just another way for unregulated money to seep into the political process and give big donors a covert method to curry favor with decision makers.
Stricter Rules for Voter IDs Reshape Races
New York Times – Michael Wines and Manuel Fernandez | Published: 5/1/2016
Since their inception a decade ago, voter identification laws have been the focus of fierce political and social debate. Proponents, largely Republican, argue the regulations are essential tools to combat election fraud, while critics contend they are mainly intended to suppress turnout of Democratic-leaning constituencies like minorities and students. As the general election nears, in which new or strengthened voter ID laws will be in place in 15 states for the first time in a presidential election, recent academic research indicates the requirements restrict turnout and disproportionately affect voting by minorities. The laws are also reshaping how many campaigns are run, with candidates not only spending time to secure votes, but also time to ensure those votes can be cast.
Federal:
Clinton Fundraising Leaves Little for State Parties
Politico – Kenneth Vogel and Isaac Arnsdorf | Published: 5/2/2016
The Hillary Victory Fund is a joint fundraising committee comprised of Hillary Clinton’s presidential campaign, the Democratic National Committee, and 32 state party committees. The set-up allows Clinton to solicit checks of $350,000 or more from her wealthy supporters. In the days before Clinton launched the unprecedented fundraising vehicle, she proclaimed “when our state parties are strong, we win. That’s what will happen.” But less than one percent of the $61 million raised by that effort has stayed in the state parties’ coffers. The arrangement has sparked concerns among watchdogs, who see it as a circumvention of contribution limits by a national party apparatus intent on doing whatever it takes to help Clinton win the Democratic nomination and then the White House.
Now, Dennis Hastert Seems an Architect of Dysfunction as Speaker
New York Times – Carl Hulse | Published: 5/2/2016
Dennis Hastert’s admission in federal court that he sexually molested wrestlers on the Illinois high school team he coached years before setting foot on Capitol Hill is provoking a re-evaluation of his tenure as the longest-serving Republican House speaker. Hastert emerges as a deeply flawed figure who contributed significantly to the dysfunction that defines Congress today. Even his namesake Hastert rule, the informal standard that no legislation should be brought to a vote without the support of a majority of the majority, has come to be seen as a structural barrier to compromise.
With Donald Trump in Charge, Republicans Have a Day of Reckoning
New York Times – Patrick Healy, Jonathan Martin, and Maggie Haberman | Published: 5/4/2016
For a Republican Party that usually rallies around its presumptive presidential nominee quickly, the brutal primary campaign and the questions about Donald Trump’s substance and style have fueled a remarkable level of dissatisfaction, antipathy that will not fade simply because Ted Cruz and John Kasich have ceded the race. The journey from denial and resistance to grudging acceptance, and even peace, with the Trump nomination may never be complete for some Republicans. But leaders hope to change that quickly, to save the party from splintering and to have a real shot at winning in November.
From the States and Municipalities:
California – Legislature Passes Bill to Disclose Lobbying on State Contracts
KQED – Guy Marzorati | Published: 5/3/2016
Communicating with government officials to try to win state contracts would be considered lobbying under legislation the California Assembly sent to Gov. Jerry Brown despite opposition from the Fair Political Practices Commission. If Brown signs the Assembly Bill 1200, people who communicate with government officials about contracts enough to earn $2,000 or more a month for their efforts would have to register as lobbyists. It would apply only to people working on contracts worth at least $250,000.
California – State Senator Calls for a Ban on Private Meetings with Coastal Commissioners to ‘Level the Playing Field’
Los Angeles Times – Dan Weikel and Kim Christensen | Published: 5/3/2016
Ex-parte communications between individual members of the California Coastal Commission and developers, lobbyists, environmentalists, and other interested parties have become a major element in the way the commission presides over land use, public access, and environment protection. Sen. Hannah-Beth Jackson has introduced legislation to ban those communications, a move that has raised questions about who gets access to individual commissioners and the fairness of the panel’s quasi-judicial process that weighs both sides before rendering a decision.
Kentucky – FBI Agent: Illegal donations went to campaigns of Andy Beshear, Jack Conway
Lexington Herald-Leader – John Cheves | Published: 5/3/2016
Newly released court documents show former Kentucky Personnel Cabinet Secretary Tim Longmeyer, who pleaded guilty to a federal bribery charge, arranged for illegal campaign donations to Andy Beshear, who was elected attorney general, and Jack Conway, who lost his bid to become governor. An affidavit states there is no indication the candidates were aware of the scheme. Court documents indicate the money came from a scheme Longmeyer had with MC Squared Consulting, which gave him kickbacks in exchange for help securing contracts with two insurers.
New York – Executive Chamber Receives Subpoena; Percoco Said to Be Under Federal Gaze
Albany Times Union – Casey Seiler | Published: 4/29/2016
The federal investigation into one of Gov. Andrew Cuomo’s signature economic development programs has come to focus on one of his former top aides, Joseph Percoco. The inquiry is also focused on several other men and a company linked to the program, called the Buffalo Billion. The governor’s office was served with a federal grand jury subpoena for documents related to the investigation. “The state has reason to believe that in certain programs and regulatory approvals they may have been defrauded by improper bidding and failures to disclose potential conflicts-of-interest by lobbyists and former state employees,” the governor’s office said in a statement.
New York – From Albany to Prison: Ex-lawmakers on life behind bars
New York Times – Vivian Yee | Published: 4/30/2016
In interviews, four former New York lawmakers that were convicted on corruption charges tell of spiritual awakenings, physical survival, and mental toughening. But what figures largest in these personal narratives – what they say has sustained them throughout – is the belief they were wrongly prosecuted. With onetime Assembly Speaker Sheldon Silver being sentenced to 12 years recently, along with the expected arrivals of convicted ex-Sens. Dean Skelos and John Sampson, there will be at least nine former members of the Legislature in the federal prison system. Nine more were released over the last few years.
New York – Sheldon Silver, Ex-New York Assembly Speaker, Gets 12-Year Prison Sentence
New York Times – Benjamin Weiser and Vivian Yee | Published: 5/3/2016
A federal judge sentenced former New York Assembly Speaker Sheldon Silver to 12 years in prison after he was convicted of corruption charges. The judge also ordered him to forfeit more than $5 million in proceeds from his crimes and pay a $1.75 million fine. Silver was found guilty of fraud, extortion, and money laundering in dealings with real estate developers and a Columbia University cancer researcher. Prosecutors also alleged he found jobs for two women with whom he had extramarital affairs. “Silver’s crimes corrupted the institution that he led for more than 20 years,” prosecutors wrote in their sentencing recommendation. “As a fixture in the legislative leadership, an entire generation of New York legislators served in an institution framed by his corrupt example.”
Pennsylvania – Guilty: Aide to former PA Gov. Rendell pleas to wire fraud
Binghamton Press & Bulletin – Marc Levy (Associated Press) | Published: 5/1/2016
An ex-chief of staff to former Pennsylvania Gov. Ed Rendell pleaded guilty to federal wire fraud charges in connection with an FBI undercover investigation into lobbying activities in Harrisburg. John Estey is accused of taking $20,000 from an undercover business created by the FBI five years ago. He agreed to make campaign contributions that would influence state lawmakers and to distribute the money in a way that would hide the company’s role. State law bans campaign donations from corporations. But Estey only gave $7,000 to legislators, secretly keep the rest for himself.
Utah – Donor Speed-Dating with Guv Doesn’t Sit Well with Some
Salt Lake Tribune – Robert Gehrke | Published: 4/28/2016
Utah Gov. Gary Herbert’s campaign is pitching a novel fundraising approach, granting one-on-one meetings with the governor in a speed-dating-style format for donors who give generously to his re-election efforts. The tactic, presented by the governor’s campaign staff at a meeting at the Alta Club in Salt Lake City to more than two dozen lobbyists and supporters, was alarming to several in attendance. “I think everyone who was there was like, ‘Too much,'” said one of several lobbyists who spoke on condition of anonymity in order to not upset the governor or his staff. “It made people cringe.”
Virginia – Fla. Businessman Paid $10K for Va. Senator’s Trip to Meet Syrian President Assad
Washington Post – Laura Vozzella | Published: 5/3/2016
A businessperson paid $10,000 for the cost of Virginia Sen. Richard Black’s recent trip to Syria, where he met with President Bashar al Assad. State ethics officials signed off on the gift, finding it complied with state ethics laws. Black will be required to report the free business-class air travel and accommodations on his financial disclosure form. But he is not sure how to put a dollar figure on something the Syrian government lavished on him during his visit: security. “When we went to Palmyra, as we were traveling some of the roads, they had a very large assault jet flying in at treetop level with ear-splitting roars, and on the other side were four assault helicopters,” Black said. Accounting for largesse of that sort will be a new one in Richmond, even after three rounds of ethics reform.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 29, 2016 •
News You Can Use Digest – April 29, 2016
National: Dennis Hastert Sentenced to 15 Months, and Apologizes for Sex Abuse New York Times – Monica Davey, Julie Bosman, and Mitch Smith | Published: 4/27/2016 A judge sentenced former U.S. House Speaker Dennis Hastert to 15 months in federal prison […]
National:
Dennis Hastert Sentenced to 15 Months, and Apologizes for Sex Abuse
New York Times – Monica Davey, Julie Bosman, and Mitch Smith | Published: 4/27/2016
A judge sentenced former U.S. House Speaker Dennis Hastert to 15 months in federal prison for paying $1.7 million in hush money to cover up sexual abuse from decades ago. He also must undergo sex offender treatment, two years of supervised release after his time behind bars, and a $250,000 fine to go to a fund for crime victims. Shortly before learning his sentence, Hastert admitted for the first time that he sexually abused boys decades ago when he was the wrestling coach for Yorkville High School. U.S. District Court Judge Thomas Durkin took Hastert to task, saying, “Nothing is more stunning than having the words serial child molester and speaker of the House in the same sentence.”
With Uncertainty at Top of Ticket, Republicans Back Off in Some States
New York Times – Jonathan Martin | Published: 4/21/2016
The Republican National Committee is scaling back its financial commitments to some of the most hotly contested states because of flagging fundraising, the most concrete evidence yet of how the party’s divisive and protracted presidential race is threatening the entire GOP ticket in November. The party is also taking steps to create a separate fundraising entity dedicated to U.S. Senate races, an acknowledgment that many of the wealthiest contributors are increasingly focused on protecting Republican control of Congress rather than a presidential campaign they fear is lost.
Federal:
Congressmen Challenge ‘Bipartisan Shakedown’ Pressuring Members to Raise $18,000 Every Day
WCMH – Chance Seales | Published: 4/24/2016
When U.S. Rep. David Jolley came to Capitol Hill after winning a special election in 2014, he was surprised to discover what his leading priority was expected to be – fundraising. In an interview with “60 Minutes,” Jolley said he met behind closed doors with party leadership, where he was told he had six months to raise $2 million. “Your job, new member of Congress, is to raise $18,000 a day …,” Jolley said he was told. To do so, he said, members are given lists of names and scripts. Because members are not allowed to fundraise on Capitol grounds, the campaign arms of the parties have setup call bank headquarters where members can duck in to spend a few hours on the phone.
The Rise of Trump Studies
Politico – Darren Samuelsohn | Published: 4/24/2016
As Donald Trump’s surprise presidential candidacy disrupts everything it touches, it has now entered the academic realm, launching a new wave of what might be called Trump Studies. From philosophy to law to computer science and history, researchers are finding they cannot look away from Trump. For some, the popularity of the celebrity real estate developer is the perfect tent pole to hang their existing research on. For others, his candidacy is like an experiment on a national scale, blowing up conventional wisdom about how American politics and society work.
Trump’s ‘Woman’s Card’ Comment Escalates the Campaign’s Gender Wars
Washington Post – Anne Gearan and Katie Zezima | Published: 4/27/2016
While celebrating his sweeping victories in five recent primaries, Donald Trump mocked Hillary Clinton’s qualifications, saying she would be a bad president who lacks “strength.” The remarks seemed like a preview of a general-election strategy to use Clinton’s potential to be the first female president against her. It also crystallized the question of how the nation will reckon with its first presidential election between a man and a woman. What was once subtext – latent sexism in American life and the question of what is off-limits when contemplating a woman as commander in chief – is now a full part of the political debate.
From the States and Municipalities:
Alaska – Lobbyists Bought $100 Meal for Alaska Senate President before Vote on Building
Alaska Dispatch News – Nathaniel Herz | Published: 4/27/2016
Alaska Senate President Kevin Meyer accepted a $100 meal from two lobbyists for one of the developers of state lawmakers’ Anchorage offices a week before voting to buy those offices for $32.5 million. Under the state’s ethics laws, lawmakers and legislative employees are barred from accepting gifts from lobbyists, though there are exceptions for tickets to charity events and food and drinks “for immediate consumption.” Meyer said the idea that lawmakers should pay for their own meals when they dine with lobbyists is an issue that should be debated. But the very idea seemed to perplex him. “We could pay for our own way; I’m just trying to think how that would work,” said Meyer.
California – Here Are All the Sports Events California State Lawmakers Attended for Free
Los Angeles Times – Javier Panzar | Published: 4/26/2016
California lawmakers passed a measure two years ago to tighten restrictions on gift-giving. The bill would have outlawed entertainment-related gifts and any gift over $200 in value. It was vetoed by Gov. Jerry Brown, who said the bill would further complicate gift rules “without commensurate benefit” to the public. The Los Angeles Times tallied the free baseball, football, basketball, and golf games that state lawmakers attended in 2015 and who paid for them. “There are always ways to get money to politicians and essentially treat politicians to nice events; the gift limits, they do some work, but there are loopholes,” said Jessica Levinson, a Loyola Law School professor and president of the Los Angeles City Ethics Commission.
California – The Most Influential Person on the Coastal Commission May Be This Lobbyist
Los Angeles Times – Kim Christensen | Published: 4/23/2016
Lobbyist, political insider, and owner of a consulting firm, Susan McCabe enjoys a close relationship and prominent standing with a state agency that regulates development along California’s 1,100-mile coast. Unlike other regulatory agencies in the state, the California Coastal Commission may be lobbied directly. Although legislation is pending to change it, state law allows members to communicate or meet privately with interested parties, as long as they disclose those contacts and what was discussed. In the last 15 months, commissioners have reported more than 100 ex-parte exchanges with McCabe, far more than with anyone else who represents business interests or environmental causes.
Maryland – Fundraising Ban Loophole Allows Some Maryland Lawmakers to Take Lobbyist Cash
Washington Post – Fenit Nirappil | Published: 4/22/2016
State lawmakers in Maryland who are running for Congress and local office are exempt from the ban on campaign fundraising during the annual legislative session, enabling them to take money from lobbyists and others with business before them. State lawmakers competing in those races took at least $33,000 from lobbyists and executives of groups trying to sway government officials during the session. The donations are legal and just a sliver of a multimillion-dollar haul, but they raise concerns from good government advocates who say they violate the spirit of the fundraising ban, which aims to insulate legislators from undue influence.
Missouri – Some Progress on Missouri Ethics Reform, But Does It Go Far Enough?
Kansas City Star – Jason Hancock | Published: 4/26/2016
Cleaning up Missouri’s ethics laws was a top priority of Republican leaders entering the 2016 session. With time running out on this year’s legislative session, how much progress they have made toward that goal is in the eye of the beholder. Missouri is the only state in the nation with the trio of no caps on campaign contributions, no limits on lobbyist gifts to legislators, and no waiting period after leaving office before lawmakers can return to the Capitol as lobbyists. As a result, six-figure campaign donations have become a normal part of politics, lawmakers collectively accept $900,000 a year in lobbyist-provided meals, alcohol, trips, and event tickets, and lobbyists’ ranks have swelled with former legislators and staff cashing in on their expertise and connections. Changing that dynamic took on new urgency after a series of controversies rocked the General Assembly in 2015.
New Jersey – Birdsall CEO Gets 4 Years in Huge N.J. Pay-to-Play Scheme
Newark Star-Ledger – S.P. Sullivan (NJ Advance Media) | Published: 4/22/2016
Howard Birdsall, the former head of one of New Jersey’s most prestigious engineering firms, was sentenced to four years in prison in a “pay-to-play” corruption case that brought about the demise of the company that bore his family’s name. The judge also ordered Birdsall to forfeit $49,808 that represented illegal campaign contributions he made. Birdsall and six other of the firm’s executives, as well as the firm itself, were indicted in 2013 on charges they masked corporate campaign contributions as individual political donations in order to skirt the state’s “pay-to-play” laws and get contracts it otherwise would have been disqualified from.
New York – De Blasio Team Violated Campaign Finance Laws, Report Says
New York Times – William Neuman and Jesse McKinley | Published: 4/22/2016
The state Board of Elections found New York City Mayor Bill de Blasio and his political team committed “willful and flagrant violations” of campaign finance laws in efforts to oust Republican senators and referred the matter for criminal prosecution. The board’s investigation, and a subsequent continuing inquiry by local prosecutors, is looking at whether there was an effort to illegally circumvent limits on campaign contributions to individual candidates by directing money instead through Democratic Party county committees and a statewide party campaign committee. The county and statewide committees can receive contributions of up to $102,300, which is much greater than the general election limit of $11,000 per donor on contributions to candidates’ campaigns.
North Carolina – Federal Judge Upholds North Carolina Voter Rules
New York Times – Alan Blinder and Richard Fausett | Published: 4/25/2016
A federal judge upheld North Carolina’s controversial new voting law, dealing a blow to critics who said the state’s rules will discourage minorities from casting ballots during this fall’s presidential election. The law reduces the number of days of early voting, prohibits people from registering and voting on the same day, stops ballots cast in the wrong precinct from being counted, and requires a photo ID to vote. The U.S. Court of Appeals for the Fourth Circuit will be the first to consider an appeal, which the law’s opponents said they would pursue. The ruling is an early signal of how federal judges might regard changes and challenges to voting laws in the aftermath of a Supreme Court decision that effectively eliminated a portion of the Voting Rights Act that had forced nine states, mostly in the South, to obtain advance federal approval before changing their election laws.
Virginia – McDonnell Trial: Supreme Court justices express skepticism of former Virginia governor’s conviction
Washington Post – Robert Barnes and Laura Vozzella | Published: 4/27/2016
The U.S. Supreme Court appeared likely to rule that federal bribery and corruption laws are unfairly ensnaring public officials. A clear majority of justices during oral arguments sided with lawyers for former Virginia Gov. Robert McDonnell, who is appealing his conviction for accepting more than $175,000 in gifts and loans from a wealthy executive in exchange for government favors. The problem, many justices agreed, is that the laws characterize common favors as criminal acts. “Officials routinely arrange meetings for donors, take their calls, politely listen to their ideas, and refer them to aides,” McDonnell’s attorneys argued in legal papers. “In criminalizing those everyday acts, the government has put every federal, state, and local official nationwide in its prosecutorial crosshairs.”
Virginia – Virginia Governor Restores Voting Rights to Felons
New York Times – Sheryl Gay Solberg and Erik Eckholm | Published: 4/22/2016
Gov. Terry McAuliffe issued an executive order that will allow more than 200,000 ex-cons in Virginia to register to vote in the upcoming presidential election, one of the biggest actions taken by a state to instantly restore voting rights. The change applies to all felons who have completed their sentences and been released from supervised probation or parole. The governor’s decision particularly affects black residents of Virginia: one in four African-Americans in the state has been permanently banned from voting because of laws restricting the rights of those with convictions. The move led to accusations that McAuliffe was playing politics; he is a longtime friend of, and fundraiser for, Hillary Clinton, the likely Democratic nominee for president, and former President Bill Clinton.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
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